The intention must be present when uttering the words that imply divorce
Machine translationRead the Arabic original
Question:
He sent a message saying: One of my friends met me and noticed signs of deep thought and distraction on my face, so he asked me, “Did you do it?” meaning, “Did you divorce her?” I told him, “Yes, I did it,” and I was joking with him to see how much it would affect him. I did not intend to divorce her; rather, when he asked me, I said “yes” intending that I had gotten married, while he understood it as a divorce. I did not clearly clarify my meaning to him. The question is: Does the divorce take effect or not? Please note that this incident happened about a year ago. What must I do now that a year has passed, as you have informed us? Please advise us, may Allah reward you with good.
Answer:
As long as you did not intend to divorce her, you owe nothing. Actions are judged by intentions, and this phrase is among the words that imply divorce, so nothing takes effect by it as long as you did not intend to divorce her.
He sent a message saying: One of my friends met me and noticed signs of deep thought and distraction on my face, so he asked me, “Did you do it?” meaning, “Did you divorce her?” I told him, “Yes, I did it,” and I was joking with him to see how much it would affect him. I did not intend to divorce her; rather, when he asked me, I said “yes” intending that I had gotten married, while he understood it as a divorce. I did not clearly clarify my meaning to him. The question is: Does the divorce take effect or not? Please note that this incident happened about a year ago. What must I do now that a year has passed, as you have informed us? Please advise us, may Allah reward you with good.
Answer:
As long as you did not intend to divorce her, you owe nothing. Actions are judged by intentions, and this phrase is among the words that imply divorce, so nothing takes effect by it as long as you did not intend to divorce her.
Source
قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 7649 - لا بد من انعقاد النية عند التلفظ بما يكنى به الطلاق - نور على الدرب — youtube.com
The Arabic text is a machine transcription of the audio recording.
