The words “This woman is my sister’s husband’s; I have nothing to do with her”

Question

During a quarrel a husband said to his wife: “یہ عورت بہنوئی کی ہے، (میری نہیں) مجھ سے کوئی مطلب نہیں، کوئی مطلب نہیں، کوئی مطلب نہیں، یہ اپنے گھر جاوے ہم اپنے گھر” (“This woman is my sister’s husband’s (not mine); I have nothing to do with her, nothing to do, nothing to do; let her go to her home and we to ours”). Now the girl does not want to go to her husband’s place and says: “I will kill myself, but I will not go.” The young man is a scoundrel.

Answer

Among the husband’s words quoted in the question there is no explicit (sarih) word of talaq; rather, they are allusive (kinaya) words. If at the time of saying them the husband intended talaq, then an irrevocable (ba’in) talaq has taken effect, and he no longer has the right to live with her; if both consent, let the nikah be contracted anew.

Source: Fatawa Mahmudiyya

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