স্বামী যদি স্ত্রীকে বলে, যদি ব্যবহার না বদলাও, তবে ছেড়ে দিব, এতেকরে কি তালাক হবে?
Waswasa-OCD · Ahle Hadith / Salafi
Question
আর বলছে যদি তোমার বাচ্চা না হয় ছেড়ে দিব এখন যদি কোনোদিন বাচ্চা না হয় আর স্বামী যদি তালাক না দিতে চায় তাহলে কিছু হবে?
২.সকালে আমি বলছিলাম তালাকের অধিকার দেও সে আমাকে তালাকের অধিকার দেয় আমি কিছু বলিনি এর মধ্যে কথা কাটাকাটি চলছিল ২/৩ মিনিট পর আমকে স্বামী বলে মিলে যেতে আমি বলি মিলব না আমার মনে তালাকের নিয়ত ছিল না কিন্তু মিলব না কথাটা বলার সময় আমার তালাকের অধিকার এর কথাই মাথায় ঘুরছিল। এতে কি তালাক হবে আমার নিয়ত ছিল না কিন্তু বলার সময় অধিকারের কথাই ছিল মনে । এতে কি তালাক হবে? পরবর্তীতে আমি তাকে বলি অধিকার ফিরিয়ে নাও। সে শুধু বলে "আমি রাইট right ফিরায় নিলাম" এইটাই আর কিছু না এতে কি অধিকার উঠে গেছে?
Answer
Answer (Summary):
Based on the details you provided, according to the Salafi / Ahl-e-Hadith fiqh (with priority given to Ibn Taymiyyah, Ibn al-Qayyim, Ibn Bāz, al-Albānī, Ibn ‘Uthaymīn, and al-Fawzān):
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The husband’s statement “If you do not change, by Allah I will leave you” – This is a swearing (qasam) by Allah to divorce, not a conditional divorce (ta‘līq) unless he clearly intended it as a divorce. Since he himself affirmed later that it was not a condition, no talaq occurred.
- Even if the wife does not change and the husband does not divorce her, no talaq takes place automatically. Instead, the husband has broken his oath (if he swore to divorce and did not), and he must expiate (kaffārat al-yamīn: feeding ten poor people, clothing them, or fasting three days) – unless he actually divorces her.
- Similarly for “If you do not have a child, I will leave you”: the same ruling applies – it is an oath, not an automatic divorce.
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The wife’s statement “I will not reconcile” after being given the right of divorce:
- The husband delegated the right of talaq to his wife (tamlik or tafwīḍ). For the wife to execute it, she must explicitly say “I divorce myself” or the equivalent with clear intention of divorce. Saying “I will not reconcile” is not a pronouncement of divorce, especially when she had no intention of divorce (she was only thinking about the right). Hence no talaq occurred.
- The husband later said “I took back the right” – this is a valid revocation before the wife used the right. So the delegation is nullified, and the right no longer exists.
Detailed Rulings with Evidence:
1. Conditional Statements (Oath vs. Actual Talaq)
The Prophet ﷺ said: “Actions are judged by intentions, and every person will get what he intended.” (Bukhārī, Muslim)
- Ibn Taymiyyah (Majmū‘ al-Fatāwā 33/108) and Ibn al-Qayyim (I‘lām al-Muwaqqi‘īn) state: If a person says “If you do X, then you are divorced” with the intention of making a condition, it counts as a suspended talaq. But if his intention was merely to swear (i.e., to urge or prevent), it is a yamīn (oath), not a talaq, and he must expiate if he breaks it.
- Shaykh ‘Abd al-‘Azīz ibn Bāz (Fatāwā Islāmiyyah 3/256) said: “The principle is that the words of a person are taken according to his intention. If he intended divorce, it is a divorce; if he intended an oath, it is an oath.”
- In your case, the husband denied it was a condition and later said it was not. Therefore his intention was not to make a suspended talaq. Hence: No talaq occurred.
Even if we assume it was a conditional talaq, the majority of Salafi scholars hold that a conditional divorce becomes effective only when the condition is fulfilled and the husband had the intention of divorce at the time of the condition. Since he later denied that intention, the stronger opinion is that it is an oath.
Ref: Shaykh Ibn ‘Uthaymīn (Fatāwā Nūr ‘alā al-Darb, tape 303): “If a man says ‘If you do such-and-such, you are divorced,’ and he meant an oath, then it is an oath and he must expiate if he does not divorce.”
2. The Husband’s Statement “Then Separation Will Happen”
This was said in anger during the same argument. The wife immediately asked if it was a condition, and the husband said no. In Islamic law, explicit denial by the husband is accepted as evidence that he did not intend divorce, unless there is proof otherwise. So again, no talaq.
3. If Wife Does Not Change and Husband Does Not Divorce
The husband swore “by Allah, if you do not change, I will leave you.” If the wife does not change and the husband does not divorce her, he has broken his oath. He must then perform kaffārat yamīn (Qur’ān 5:89). The talaq itself does not happen automatically.
- Similar ruling for the statement about a child.
4. Delegation of Talaq (Right Given to Wife)
- The Prophet ﷺ gave a wife the right to choose (khayār) and she chose her husband (reported by ‘Ā’ishah, Bukhārī).
- Scholars say that if a husband says “I give you the right to divorce yourself,” the wife may divorce herself only by clear words (e.g., “I divorce myself”) with intention.
- Your statement “I will not reconcile” – this is not a word of divorce. The fact that you were thinking about the right does not make it a divorce unless you actually uttered a divorce formula. The intention alone is not sufficient; divorce must be pronounced (Ibn Taymiyyah in Majmū‘ al-Fatāwā 33/82).
- Therefore no talaq occurred.
5. Revocation of the Right
The husband said “I took back the right.” This phrase, if said with the intention to cancel the delegation, is valid. The right is nullified from that moment.
- Shaykh Sālih al-Fawzān (al-Mulakhkhas al-Fiqhī 2/396): “If the husband gives his wife the right of divorce, he may take it back before she uses it, because it is like a revocable gift.”
Final Ruling:
- No talaq occurred in any of the incidents described.
- No expiation (kaffārah) is required for the husband if he did not actually break his oath (i.e., he did not divorce her after she did not change). However, if he swore to divorce and did not, he must expiate. He should consult a local scholar about the specific oath wording.
- Your marriage remains valid. Avoid such arguments and be mindful of using Allah’s name in oaths of divorce.
Please remember: The above answer is based on the information given. If there are additional details (e.g., the husband’s actual intention, exact wording), the ruling may differ. It is recommended to ask a reliable local scholar to evaluate the exact situation.