Talaq or Not

Shortened Question:

In a state of anger the husband asked his wife if she wants to go home.  Whilst saying this, his thoughts were unclear regarding exactly what he meant. Does this constitute divorce?

Question:

In a state of anger, while arguing, the husband said to his wife, “Do you want to go home?” Whilst saying this, his thoughts were unclear regarding exactly what he meant. He is unclear whether he meant “Do you want a divorce so that you could go home?” or plain “Do you want a divorce?”

The wife replied “Yes.”

Prior to this conversation the wife was speaking about going home. Consequently he is not certain if she understood what he meant when he said “Do you want to go home?”

However, he immediately changed the subject. Does this constitute Talaq?

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

If the husband asked his wife if she wants to go home and the wife responded yes to that question, that does not constitute a Talaq.

 

And Allah Ta’āla Knows Best

Mufti Saeed Ahmed Golaub

Islamic Solutions

Jamaica

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