If I said my wife in bengali CHUD with the niyat talak iit will be talak ?

Answer (Summary):
Saying the Bengali word “CHUD” (which is an obscene, vulgar expletive meaning “f***” or “copulate”) to your wife, even with the explicit intention (niyat) of divorce, does NOT constitute a valid divorce (talāq) according to the Hanafī school. The word is not a recognized or customary term for divorce in Bengali, nor is it a kināyah (ambiguous) word capable of implying divorce. Hence, no divorce occurs, but the utterance is a grave sin and should be repented of.

Detailed Explanation (Hanafī Fiqh)

In Hanafī law, divorce is effected by uttering words that are either ṣarīḥ (clear, unambiguous) or kināyah (ambiguous/allusive) with the specific intention of divorce.

1. Ṣarīḥ (Clear) Words of Divorce

These are words that are exclusively and universally understood to mean divorce. Examples in Arabic: ṭalāq, sarāḥ, firāq. In any local language, the equivalent clear word must be well-known for divorce (e.g., Bengali তালাক “tālāk”, Urdu طلاق “talāq”).

• Ruling: If a clear word (even in a non-Arabic language) is used, divorce takes place even without intention. (Radd al-Muḥtār, 3:243; Fatāwā Hindiyya, 1:373)

The word “CHUD” is not a clear word for divorce. It is an obscene slang. Therefore, it does not fall under this category.

2. Kināyah (Ambiguous) Words of Divorce

These are words that can mean divorce, but also other things (e.g., “go away”, “you are free”, “leave me”, “you are alone”). For a kināyah word to effect divorce, the husband must have the intention (niyyah) of divorce, and the wife must understand the statement in the context of divorce.

• The Hanafī jurists list specific words that are conventionally used as kināyah. A sheer abusive/vulgar word is not considered kināyah because it has no connection to the meaning of separation or release. (See: Fatāwā ʿĀlamgīriyya, 1:374; Radd al-Muḥtār, 3:244)

The word “CHUD” is not listed among kināyah words in any Hanafī manual. It is a profanity, not a euphemism for divorce. Therefore, even with niyyah, it does not create divorce.

3. The Principle of “Lafẓ” (Utterance) vs. “Niyyah” (Intention)

While intention can make a kināyah word into a divorce, intention alone cannot turn a non-divorce word into a divorce word.

• Example: If a husband says to his wife, “You are a donkey” with the intention of divorce, no divorce takes place because the word is not a word of divorce. (Fatāwā Hindiyya, 1:374; Imdād al-Fatāwā, 2:166)

The same applies to “CHUD”. It remains an obscenity, not a word of divorce.

4. Ruling on Using Obscene Language

Even though divorce does not occur, using such foul language against one’s wife is severely sinful and contradictory to the noble character of a Muslim.

• The Prophet (ﷺ) said: “The believer is not a slanderer, nor one who curses, nor one who is obscene, nor one who is shameless.” (Tirmidhī, 1977)

The husband should repent sincerely (tawbah), seek forgiveness from Allāh, and also ask his wife for forgiveness. He must also be aware that if he repeats such an utterance with clear intention of divorce, it may be considered a kināyah if it becomes a customary phrase for divorce in his community – but that is not the case with the word “CHUD” in Bengali-speaking regions.

Final Ruling (Fatwā)

• No talāq has occurred. The marriage remains valid and intact.
• The husband has committed a grave sin by using indecent language. He should repent, perform istighfār, and avoid such speech in the future.
• If the husband genuinely wanted to divorce, he should use the proper, clear word for divorce in his language (e.g., তালাক tālāk or طلاق) or follow the Sharʿī procedure of ṭalāq.