This statement does not necessarily mean that divorce had taken place

20-10-2013 | IslamWeb

Question:

Asallam U alaikum, Could you tell me if husband said statement in anger 'get out of here' without intention of divorce, however because couple were unsure of ruling wife said say 'take me back' and husband said 'i take u back ' on the wife's request however he didn't have any intention of divorce to begin with, is this still not counted as one divorce as there was no intention of divorce in the first place? Or does his saying 'I take you back ' make it count as one?

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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, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

 

If the husband says to his wife ‘get out of here’, this does not make divorce take place unless he intends to initiate a divorce. Kindly, refer to the Fataawa 90531 and 98703 about the metaphors of divorce.

As for the statement of that husband to his wife 'I take you back', believing that divorce had taken place, this does not entail the occurrence of divorce and it has no effect at all.

Allaah Knows best.