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Husband Told His Wife: ‘You Are Free to Go.’

Question

my husband said during a fight when i was demanding talaaq and khula and he replied me twice ok you are free to go and also he said ask someone if our nikah is broken from those kinaya words then i swear i m happy so please let me know my naikah is valid or over and last 20 months we are sleeping separately

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Your husband’s saying “You are free to go” is a metaphor of divorce, meaning that divorce would not take effect without an intention to do so. So, if your husband intends to divorce you with this statement, the divorce thus takes effect; otherwise, it does not, and the bond of marriage is still valid.

As far as the intention of divorce is concerned, the husband is the party who should be asked for it. However, your husband’s forsaking of you in bed does not have any effect on the validity of the marriage contract, no matter how long he forsakes you. But you should seek to settle any conflict and to kindly treat each other.

Allah knows best.

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