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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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They asked him about his wife, and he said: I have divorced her, although he had not actually divorced her. Does the divorce take effect?

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Question:
May Allah reward you with good and do you good. A listener from Tabuk says: Ahmad Maimun has a long-standing case. He says: A misunderstanding arose between me and my uncle, who is my wife’s father, and some hatred developed in our hearts. One day, my wife asked me to take her to visit her father, so I took her to him. When we got there, he turned her against me, and she refused to return home with me. I sent several relatives to her father, but to no avail. When I went to my job in the city of Tabuk, he took my wife from Tabuk to the city of Jazan without my knowledge. My colleagues at work and some of my friends asked me where my wife was, so I said, “I have divorced my wife,” although I had not actually divorced her yet. Does my wife count as divorced? I say this because I am asked about my family so often. Please guide us, may Allah reward you with good.

Answer:
You made a mistake in this statement; this is considered speech that carries danger. It is also a form of lying, so you were wrong in this. As for if your intention was merely to report this divorce, then it is lying and nothing is required of you regarding it. However, if your intention was to enact the divorce, then it falls upon you. The matter depends on your intention and your niyyah (intention). If your intention was to report, saying, "I have divorced my wife," by way of reporting, and you had not actually divorced her, then this is a form of lying, and no divorce takes place because of it, for it is a false report, and you sin by it. But if your intention was to enact it, meaning you intended to bring about the divorce at the time of speaking, then it falls upon you and is repeated with the repetition of the speech. So it is up to you and your intention in that. As for your wife's father, if the matter is as you described, then he has made a great mistake and committed a grave sin, for he incited your wife against you, and the Prophet (peace and blessings be upon him)
'A'isha reported: Never could the family of Muhammad (ﷺ) (afford to eat to the fill) the bread of wheat beyond three days (successively).صلى الله عليه وسلم من خبب امرأة على زوجها،
Sahih Muslim 2970d
. It is obligatory for him to fear Allah, to return the wife to her husband, and to reconcile between them instead of separating them and corrupting what is between them. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، سألوه عن زوجته، فقال: قد طللقتها، وهو لم يطلقها، فهل يقع الطلاق؟ الشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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