The ruling on one who intends divorce but does not utter it
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Question:
We ask for an answer to my question: One of the brothers here is studying at an institute, and he is from Jizan. His time is limited, and he has no free time except on Thursday and Friday. He says: I ask for an answer to my question. A disagreement arose between me and my wife regarding the hijab and other matters. I went to her family several times and brought her back, but the last time she has remained with her family until now, for approximately three months. This time, she has expressed her lack of desire to live with me again, and I have no desire for her. I have a small daughter from her, and I wish to take her back. Is it permissible for me to do so, or not? Please inform me. May Allah reward you with good.
Answer:
As long as she has not been divorced, and you only intended it, divorce does not occur by intention alone. The Prophet (peace and blessings be upon him) said:Bulugh al-Maram 8:133 As long as you are intending to divorce her, but you have not spoken anything, she remains your wife.
However, if you spoke, saying: “Go back to your family,” and you intended divorce, or “You are divorced,” or “You are out of my protection,” or something similar; it is considered one divorce, if you only said these words. But if it was merely an intention in your heart, and you did not speak anything, she remains under your protection.
Question: ... Is it possible for him to take the daughter?
Answer: She and her mother, he can take them all.
Question: No, if he does not want to take the mother ..?
Answer: That is for the court, my son.
We ask for an answer to my question: One of the brothers here is studying at an institute, and he is from Jizan. His time is limited, and he has no free time except on Thursday and Friday. He says: I ask for an answer to my question. A disagreement arose between me and my wife regarding the hijab and other matters. I went to her family several times and brought her back, but the last time she has remained with her family until now, for approximately three months. This time, she has expressed her lack of desire to live with me again, and I have no desire for her. I have a small daughter from her, and I wish to take her back. Is it permissible for me to do so, or not? Please inform me. May Allah reward you with good.
Answer:
As long as she has not been divorced, and you only intended it, divorce does not occur by intention alone. The Prophet (peace and blessings be upon him) said:
Allah, the Most High, has forgiven my followers what they contemplate on within themselves (i.e. evil thoughts) as long as they do not act upon or speak about them.
إن الله تجاوز عن أمتي ما حدثت بها أنفسها ما لم تعمل أو تتكلمHowever, if you spoke, saying: “Go back to your family,” and you intended divorce, or “You are divorced,” or “You are out of my protection,” or something similar; it is considered one divorce, if you only said these words. But if it was merely an intention in your heart, and you did not speak anything, she remains under your protection.
Question: ... Is it possible for him to take the daughter?
Answer: She and her mother, he can take them all.
Question: No, if he does not want to take the mother ..?
Answer: That is for the court, my son.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.