Talaq on a condition

Question

Question: At his mother’s request Zayd was having repairs done to his parents’ house. Meanwhile his mother became displeased about something concerning this very repair work, whereupon he said in anger: “If I now stand to the repair work, then my wife is talaq, talaq, talaq”. By saying this he intended a kind of admonition to his mother: he had no heartfelt intention of talaq at all, he did not say these words addressing his wife, his wife was not present there at the time, and he had no grievance against his…

Answer

With explicit words, talaq takes effect even without intention: [ar]صَرِيحُهُ مَا لَمْ يُسْتَعْمَلْ إِلَّا فِيهِ، كَطَلَّقْتُكِ وَأَنْتِ طَالِقٌ وَمُطَلَّقَةٌ، وَيَقَعُ بِهَا وَاحِدَةٌ رَجْعِيَّةٌ وَإِنْ نَوَى خِلَافَهَا أَوْ لَمْ يَنْوِ شَيْئًا[/ar] “Its explicit form is that which is used only for it, such as ‘I have divorced you’, ‘you are divorced’ and ‘divorced woman’; by…

Source: Fatawa Mahmudiyya

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