Said 'my wife is free for ever' unintentionally
27-2-2006 | IslamWeb
Question:
I got married few months ago. I spent 3 weeks with my wife in Karachi and came back to Toronto to resume my job. After few weeks we both got some arguments. I controlled on myself by saying any bad or wrong words to her. As time passes there was something started coming in my mind that I should leave her (means divorce her) and this feeling was started after sun sat till sun rise. Due to this feeling my mind and heart were having some kind of load and all the time my heart in a sinking condition. I was keep controlling on my nerves for few weeks. But, later I lost my control and one day in Ramadan I woke up for Tahajjud, did sehr and offered prayers. After finishing all I went to bed as soon as I went to bed the following words stated coming out from my mouth in her absence without any intention of divorce that "ABC my wife's name... I set you free forever and you are free now" I repeated this statement thrice with little loud voice. I was in my full senses and I heard these words with my ears very clearly. As soon these words came out and I got very relaxed and got peace of mind. After few minutes I had a very good nap. When I got up after 3, 4 hours every thing came in my mind and got worried that I have given divorce to my wife. I told all this to my parents and they went to a person, according to him there were satanic forces (black magic) after me and my wife to give divorce to each other and live separately. Being a Muslim I do believe in black magic because it's mentioned in Quran. My question is that will it call divorce when there was no intention of this and there was no Neyyat of this? Please answer in detail. I have got a Fatwa from Shariah Board that it is a divorce. But, please note that I forgot to mention about black magic and no intentions.
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.
The jurists
stated that the statement of a husband to his wife "You are free" is among the metaphors of divorce, and divorce does not take place unless the person intended it; in this regard please refer to Fatwa 90531.
As regards when a person did not intend to utter this at all, then divorce does not take place even if the divorce is mentioned, let alone when it is only metaphors which were mentioned. So, this is in general.
With regard to your situation, we think that you should go back to this Shariah Board and explain to them in details what happened exactly, and then act according to their Fatwa. They are more appropriate to look into such matters which may need some clarifications and explanations from the questioner with regard to some matters.
Finally, the following matters should be mentioned:
1- The existence of magic does not prevent divorce from taking place if the person who said it, intended it and was aware of what he is saying.
2- The husband and wife should take it easy when dealing with problems, and be keen to maintain the stability of marital life as much as possible, and forgive the mistakes and errors. Allaah Says (what means): {For if you dislike them, perhaps you may dislike a thing and Allaah makes therein much good.} [Quran 4:19].
Allaah Knows best.