Ruling on the one who says to his wife: You are free
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Question:
This is a message from the questioner Salim Muhammad, from the Arab Republic of Egypt. He says: A disagreement occurred between me and my wife one day, and I said to her while I was in a state of anger: "You are free," and I repeated this statement twice.
I hope you will kindly inform me whether this is considered a divorce or not?
Answer:
If you intended divorce, then it is a divorce; because this is an indirect expression, which the scholars call: an indirect expression. So if you intended divorce by saying: "You are free," it becomes one divorce, one pronouncement. And the repetition is like that: if you intended a second divorce, it becomes a second pronouncement.
But if you intended to confirm your first statement, and did not intend a second divorce, but intended to confirm or make the woman understand, then only one divorce takes effect, with the first statement, if you intended divorce.
But if you intended a second divorce by the repetition, then two pronouncements take effect on her. And if you did not intend divorce, and said: "You are free," not intending divorce, but rather intending to annoy her, or upset her, or sadden her, or that she is free from such and such other than divorce, not intending divorce, then you are according to your intention; because the Messenger of Allah (peace and blessings be upon him) said:Sahih al-Bukhari 1 So you are according to your intention.
And if this was not a divorce before, then you have the right to take her back if you intended only one pronouncement, and intended by the repetition to confirm or make her understand, then only one divorce takes effect, and she remains with two pronouncements. And you have the right to take her back as long as she is in the waiting period. The Sunnah is to have two witnesses. The Sunnah is to have two righteous witnesses. You say to them: "Bear witness that I have taken back my wife so-and-so," as long as she is in the waiting period. If you do not take her back while she is in the waiting period, then a new contract is necessary with her consent, with a new mahr, with its conditions considered valid by the Shari'ah. If she exits the waiting period, and you did not take her back, she is not lawful for you except by a new marriage with its conditions considered valid by the Shari'ah.
But if before this was a divorce, if before her were two pronouncements, the matter is finished. And if you intended divorce by saying: "You are free," then this completes the three, so she is not lawful for you except after another husband, a lawful husband who has intercourse with her. And if before it was one pronouncement, and you intended by saying: "You are free, you are free," two pronouncements, completing the three, then she is not lawful for you except after a lawful husband, a lawful husband who enters with her and has intercourse with her.
And if the situation is unclear to you, you ask the people of knowledge, the scholars, the jurists, you ask them about what is unclear to you. Yes.
The presenter: Does it only become valid if he takes her back between himself and her by speech or by action?
The Shaykh: It is valid, but the Sunnah is to have two witnesses.
As for taking her back by his speech, if he takes her back or has intercourse with her with the intention of taking her back, that is sufficient. But the Sunnah is to have two witnesses to his statement: "I have taken her back." Yes.
The presenter: Generally, is it understood from this that all indirect expressions require the coupling of intention?
The Shaykh: Intention is necessary.
The presenter: Yes, if there is no intention, it is not considered.
The Shaykh: Yes, intention is necessary. The words that are not explicit in divorce: "You are free," "You are not in my protection," "You are out of my protection," or similar to that. Yes.
The presenter: May Allah reward you with the best reward.
This is a message from the questioner Salim Muhammad, from the Arab Republic of Egypt. He says: A disagreement occurred between me and my wife one day, and I said to her while I was in a state of anger: "You are free," and I repeated this statement twice.
I hope you will kindly inform me whether this is considered a divorce or not?
Answer:
If you intended divorce, then it is a divorce; because this is an indirect expression, which the scholars call: an indirect expression. So if you intended divorce by saying: "You are free," it becomes one divorce, one pronouncement. And the repetition is like that: if you intended a second divorce, it becomes a second pronouncement.
But if you intended to confirm your first statement, and did not intend a second divorce, but intended to confirm or make the woman understand, then only one divorce takes effect, with the first statement, if you intended divorce.
But if you intended a second divorce by the repetition, then two pronouncements take effect on her. And if you did not intend divorce, and said: "You are free," not intending divorce, but rather intending to annoy her, or upset her, or sadden her, or that she is free from such and such other than divorce, not intending divorce, then you are according to your intention; because the Messenger of Allah (peace and blessings be upon him) 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 نوىAnd if this was not a divorce before, then you have the right to take her back if you intended only one pronouncement, and intended by the repetition to confirm or make her understand, then only one divorce takes effect, and she remains with two pronouncements. And you have the right to take her back as long as she is in the waiting period. The Sunnah is to have two witnesses. The Sunnah is to have two righteous witnesses. You say to them: "Bear witness that I have taken back my wife so-and-so," as long as she is in the waiting period. If you do not take her back while she is in the waiting period, then a new contract is necessary with her consent, with a new mahr, with its conditions considered valid by the Shari'ah. If she exits the waiting period, and you did not take her back, she is not lawful for you except by a new marriage with its conditions considered valid by the Shari'ah.
But if before this was a divorce, if before her were two pronouncements, the matter is finished. And if you intended divorce by saying: "You are free," then this completes the three, so she is not lawful for you except after another husband, a lawful husband who has intercourse with her. And if before it was one pronouncement, and you intended by saying: "You are free, you are free," two pronouncements, completing the three, then she is not lawful for you except after a lawful husband, a lawful husband who enters with her and has intercourse with her.
And if the situation is unclear to you, you ask the people of knowledge, the scholars, the jurists, you ask them about what is unclear to you. Yes.
The presenter: Does it only become valid if he takes her back between himself and her by speech or by action?
The Shaykh: It is valid, but the Sunnah is to have two witnesses.
As for taking her back by his speech, if he takes her back or has intercourse with her with the intention of taking her back, that is sufficient. But the Sunnah is to have two witnesses to his statement: "I have taken her back." Yes.
The presenter: Generally, is it understood from this that all indirect expressions require the coupling of intention?
The Shaykh: Intention is necessary.
The presenter: Yes, if there is no intention, it is not considered.
The Shaykh: Yes, intention is necessary. The words that are not explicit in divorce: "You are free," "You are not in my protection," "You are out of my protection," or similar to that. Yes.
The presenter: May Allah reward you with the best reward.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.