The Ruling on Talaq by the Words “Get Out of Our House”

Question

Question: Hinda had a quarrel with her husband over some matter. The husband beat her, swore at her and said: «ہمارے گھر سے نکل جاؤ» (“Get out of our house”). Hinda came home. The husband sent word that she should not come to his place any more. But on the next day Hinda’s father went to take Hinda to her husband’s house. The husband again said: «ہمارے گھر سے نکل جاؤ» (“Get out of our house”), began beating her in front of her father and said: “Bastard!

Answer

The husband’s words «ہمارے گھر سے نکل جاؤ» (“Get out of our house”) belong to that category of allusive (kinaya) expressions of talaq for which, in all three states — contentment, anger and discussion of talaq (mudhakarat al-talaq) — intention (niyya)

Source: Fatawa Mahmudiyya

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