The Words “I Do Not Need You, Go to Your Parents’ Home”: Does Talaq Occur?

Question

Question: Zayd’s nikah with Hinda took place a year and a half ago. Arguments would arise between husband and wife over household matters, which took on something of the form of quarrels. Zayd was harsh-tempered and quickly became angry, and in a state of anger he would say these words: «مجھے تیری ضرورت نہیں، تو میکے چلی جا» (“I do not need you; go to your parents’ home”). Her parents’ home is in the same village and the same neighbourhood.

Answer

These words — “I do not need you” — are neither an explicit (sarih) word of talaq nor an allusive (kinaya) one; talaq does not occur by them: [ar]ولو قال لا حاجة لي فيك ينوي الطلاق فليس بطلاق. اهـ[/ar] “If he said, ‘I have no need of you,’ intending talaq, it is not a talaq” (Fatawa ‘Alamgiri, vol. 2, p. 393). But if he said to his wife with the intention (niyya)

Source: Fatawa Mahmudiyya

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