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Fatwa CenterUttering the words of divorce without addressing them to one's wife
Question
1) What if husband and wife discussing a book about Talaaq and he read some words like you are divorced in order to know about divorce?
2) What if someone is confused if meant a divorce or not but saying Kinaya Words?
3) Is intention in divorce means that what he said or what he wants or meant in Kinaya words?
4) Can a husband divorce his wife by phone through her mother?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
In relation to your first question, [if a husband reads the words 'you are divorced' to his wife from a book when discussing the issue of divorce] divorce does not take place as he did not mean divorce by uttering the word, i.e. he did not address this statement to her; this is what the scholars
said about this issue.
Al-Hamawi
from the Hanafi school, after stating that divorce takes place when uttering the words or direct expressions that suggest divorce, said: 'For divorce to take place one has to intend it when uttering it. The scholars said that if the husband repeats the issue of divorce in her presence while he says in each time 'you are divorced', divorce does not take place. Similarly, if the wife writes the words 'my wife is divorced' or 'you are divorced' and then gives it to her husband and tells him 'read it to me', and he reads the words, divorce does not take place as he did not intend the meaning to her.'
As regards when he doubts whether he meant divorce or not if he tells her some expressions that are a metaphor for divorce, then in principle the marriage is still valid, as a principle cannot be eliminated by doubt. The metaphors of divorce by which divorce takes place are those which are uttered with the intention of divorce. So if he utters a metaphor of divorce intending to initiate divorce then divorce takes place. For instance if he says 'go to your family' while intending that she is divorced, in this case she is divorced. However, if intended to drive her out of the house in that hour without having the intention of divorce, then divorce does not take place because he did not intend it.
With regard to divorcing by phone, divorce takes place whether the husband uttered it directly to his wife or to her mother or anyone else. If he says in the phone 'my wife is divorced' then she is divorced.
Allaah Knows best.
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