Interpreting Talaq words
1-9-2003 | IslamWeb
Question:
My husband had divorced me earlier twice but took me back. Now on 10 August I was to travel back to him from my parents house. From 8 August he started developing problems and told me to stay back. All his intention in this was to disturb me. On 9 August he sent me SMS saying that I should stay in India and not go back to him in Yemen. In his other SMS he wrote - Anti Talik Forever. But he has taken oath to in front of a Maulavi (Mutawwa) in Yemen that he meant if I went back on 10 Aug I will be divorced and I didn't go back. He is telling me that he has been told to pay Kaffara and take Halaf (oath) in my presence as well in the presence of this Maulavi of Yemen. I want to take Fatawa if I can go back. I also want to point out that the day he sent me this SMS he had taken sleeping pills and was disturbed. Please help.
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 
is His slave and Messenger.
As a general rule words are interpreted as per the intention of the speaker. Imam Al-Zarkashi wrote in Al-Manthoor: words are interpreted according to the intention of the speaker except in front of the Qadi when a person takes an oath by the Name of Allah. This oath is interpreted according to the purpose of the Qadi, not according to the purpose of the one who takes the oath. However, know that the words are not interpreted according to the intention of the speaker except if they imply that meaning. Ibn Qudamah wrote in Al-Mughni: words are interpreted in the light of the intention of the speaker provided such words conform to it. If one intends a meaning that does not conform to the words, for instance, a person says he will not eat bread, meaning that he will not enter a house, in this case, his words are not interpreted corresponding to his intention. The four schools of Fiqh in this concern have the same opinion. Therefore, the words or writing of a person 'you are divorced forever' does not indicate that if she comes on the particular date she will be divorced, except in the case when the dispute was about her traveling, and he was intending to prevent her from coming. In this case, it is possible to interpret the oath according to his intention since the context clearly proves this meaning. Jurists called the reason that is caused to take an oath “Bisat” (context of an oath) and they interpret the oath considering to the “Bisat”. Imam al-Qarafi wrote in al-Furooq: the “Bisat” and the reason of an oath indicate the intention of the one who takes an oath whether he meant a particular meaning or a limited one. Finally, we conclude that if the person had uttered the words while the dispute was about the traveling of his wife on a given date then his intention would be accepted and the Fatwa of the Sheikh who said the divorce is not valid is correct. If there are no such context then his words 'you are divorced forever' cannot be limited according to his intention, as they cannot be interpreted otherwise. However, in both situations he does not need to pay any expiation. As for what questioner stated that her husband was under the influence of sleeping pills, if he had uttered such words while he was sleeping and was not aware of his words then he will not be responsible for his words. On the other hand, if he had uttered the words of divorce while he was aware of his words and was understanding what he was saying then he will be responsible for his words.
Allah knows best.