A man said to his wife when the dispute between them intensified: "Get out," or "Go away," or "I am innocent of you," intending by this divorce, then he retracted this and said that this was
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The questioner : A man said to his wife when the dispute between them intensified: "Get out," or "Go away," or "I am innocent of you" in anger, intending by this divorce, then he retracted this and said that this was out of ignorance and he did not know that it contained prohibition or was casual speech, and he always says this repeatedly. What is the ruling of the Shari'ah in this? May Allah reward you.
The Shaykh : Before I answer the questioner's question, I would like to point out that it is befitting for the questioner, when he directs a question to a scholar, to qualify such a word, meaning his saying "What is the ruling of the Shari'ah", and say "What is the ruling of the Shari'ah in your opinion," or "in your view," or "according to you," or something similar. This is because the scholar who answers with what he sees to be the Shari'ah may agree with the Shari'ah or may not agree with it, as established from the Prophet (peace and blessings be upon him) in his saying:Sunan an-Nasa'i 5381Sahih (Darussalam) So this hadith indicates that the person who strives to reach the ruling of Allah may hit the mark or may err. If he errs, and he said in his answer, or was asked in the question directed to him, "What is the ruling of the Shari'ah," then the implication of that is that the error is in the Shari'ah. So I hope you will pay attention to such a matter.
As for the answer to his question, this man says that in a state of anger and dispute with his wife, he says to her: "Get out," "Go away," and similar words, intending by them divorce. And if he says that intending divorce, then the divorce takes place. This is because divorce does not have a specific phrase that the Lawgiver has made obligatory for us such that we cannot go beyond it; rather, divorce is the separation from the wife, and it is achieved by any phrase if a person intends it. So we say: the divorce takes place upon him with these words if he intended by them divorce, because they are words that indicate separation, and he intended it. And it is established from the Prophet (peace and blessings be upon him) that he said:Sahih al-Bukhari 1 So these words undoubtedly indicate separation by his intention, because the phrase allows for it. And the scholars (may Allah have mercy on them) divided the phrases of divorce into two categories: explicit and implicit. The explicit is what does not allow for anything other than divorce, such as "You are divorced," or "I have divorced you," or "You are divorced," or something similar. And the implicit is what allows for divorce and other things. And this does not result in divorce unless he intends it, because when it is possible for it to be divorce or other than that, we do not bind him to something that involves possibility unless he intends one of the possibilities. If he intends one of the possibilities, then he has what he intended, due to the hadith we referred to earlier.
By the way, I would like to warn my Muslim brothers from anger, because anger has bad effects that a person regrets when regret is of no avail. And it is established in "Sahih al-Bukhari" that a man said: "O Messenger of Allah! Advise me." He said: He repeated it several times, and he said: So if a person feels anger, let him seek refuge in Allah from the accursed Shaytan. And if he is standing, let him sit. And if he is sitting, let him lie down. And if the anger intensifies for him, let him perform ablution, for that is what removes it. And how many people have been angry and divorced their wives, or been angry and beaten their children severely, or been angry and destroyed something of their wealth, so regret resulted for them when regret is of no avail for them. So a person should be the master of his nerves, strong in his will and determination, as the Prophet (peace and blessings be upon him) said: Sahih Muslim 2609a Yes.
The questioner : May Allah reward you, esteemed Shaykh. A message arrived from Iraq, Ninawa Governorate, from the listener Muhammad Nadhir Ahmad. He says in his message.
The Shaykh : Before I answer the questioner's question, I would like to point out that it is befitting for the questioner, when he directs a question to a scholar, to qualify such a word, meaning his saying "What is the ruling of the Shari'ah", and say "What is the ruling of the Shari'ah in your opinion," or "in your view," or "according to you," or something similar. This is because the scholar who answers with what he sees to be the Shari'ah may agree with the Shari'ah or may not agree with it, as established from the Prophet (peace and blessings be upon him) in his saying:
If a judge passes judgment and strives to reach the right conclusion and gets it right, he will have two rewards; if he strives to reach the right conclusion but gets it wrong, he will still have one reward.
إذا حكم الحاكم فاجتهد فأصاب فله أجران، وإن أخطأ فله أجرAs for the answer to his question, this man says that in a state of anger and dispute with his wife, he says to her: "Get out," "Go away," and similar words, intending by them divorce. And if he says that intending divorce, then the divorce takes place. This is because divorce does not have a specific phrase that the Lawgiver has made obligatory for us such that we cannot go beyond it; rather, divorce is the separation from the wife, and it is achieved by any phrase if a person intends it. So we say: the divorce takes place upon him with these words if he intended by them divorce, because they are words that indicate separation, and he intended it. And it is established from the Prophet (peace and blessings be upon him) that he said:
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنما الأعمال بالنيات، وإنما لكل امرئ ما نوىBy the way, I would like to warn my Muslim brothers from anger, because anger has bad effects that a person regrets when regret is of no avail. And it is established in "Sahih al-Bukhari" that a man said: "O Messenger of Allah! Advise me." He said:
Do not get angry
لا تغضبDo not get angry
لا تغضبThe strong-man is not one who wrestles well but the strong man is one who controls himself when he is in a fit of rage.
ليس الشديد بالصُرعة وإنما الشديد الذي يملك نفسه عند الغضبThe questioner : May Allah reward you, esteemed Shaykh. A message arrived from Iraq, Ninawa Governorate, from the listener Muhammad Nadhir Ahmad. He says in his message.