Fatwa on conditional talaq and khula: Did saying similar words break the condition? Did khula occur when wife refused?
Waswasa-OCD · Ahle Hadith / Salafi
Question
Also writing here the condition sentence does it break the condition?
Another day i ask him did this sentence "tmi ki sorto disila jodi emn boli biye kore vul korsi eita ki sort chilo" he said no he doesn't remember but I am 90% sure he gave it even if he does not remember i still want to stay safe so asking him this line break the condition? Another day also I ask him this line again
Another question. স্বামী বলেছেন স্ত্রীকে "তুমি যদি বলো আমাকে বিয়ে করে ভুল করেছো ****(অমুক নাম) কে বিয়ে করলে ভালো হতো তাহলে তালাক" ১.এখন স্ত্রী বলেছেন "আমি কোথাও যেতে পারিনা এমন মানুষ বিয়ে করেছি" এতে কি শর্ত ভঙ্গ হলো?
২. স্ত্রী আর একদিন বলেছেন "ভুল মানুষকে বিয়ে করলে যা হয়" এটা কি স্বামীর বলে হুবহু শর্তকে ভঙ্গ করে?
In this both situation also I didn't say the exact line but hypothetical even if I intend the forbidden specific line the condition isn't broken right?
Another situation: Last august or September আমি আমার স্বামীকে বলছিলাম আমি খুলা করব অনুমতি দিন, and this fight was happening for almost half hour lots of similar lines were said I and him clearly don’t remember anything I told him I’ll return his mehr the gold he gave me and told him give me khul he said no then I said I’ll consult a scholar now I’ll msg now তিনি বলেন "যাও কর খুলা দিলাম", also“khula koro “ he said this maybe also he said with these lines “I agree khula koro”
অতঃপর আমি না করে দিই করব না খুলা। এতে কি খুলা হয়েছে? এখানে তিনি শুধু অনুমতি দিতে বলেছেন খুলা দিলাম, কারণ আমি জোর করছিলাম
And I said okay since you don’t give me khul I’ll msg a mufti who’ll guide me how to do it i know someone and then exactly Mu husband said “khula dilam kot”হুজুর আমার স্বামী শুধু আমার জোর করার কারণেই রাজি হয়ে বলে খোলা দিলাম কিন্তু তার তালাকের নিয়ত ছিল না এখানে তার নিয়ত ছিল যে আমি খোলা করতে যেহেতু চাচ্ছি তাহলে করে নেই। পরবর্তীতে আমি না করি যে করব না।
: জি তিনি শুধু এটাই বলেছেন যে খোলা দিছি কিন্তু তালাক শব্দটি ব্যবহার করেনি বা তালাকের নিয়ত ছিল না। সে এখানে তার নিয়ত ছিল শুধুমাএ বুঝিয়েছেন আমি খোলা করলে করে নিতে পারি সে রাজি। পরবর্তীতে আমি তো না করি যে করব না।
As far I remember I did ask him for khula permission like I said give me khula permission but I’m 50/50 maybe I only said give me khula didn’t use the word permission at that time last year I almost talk to 8 mufti through call all of them said it’s not valid Cz I refused the khul I recently again told him to ask a mufti again by himself since he don’t remember anything well about that khul fight he asked exactly what I told him he still doesn’t remember anything today we discussed he said he only asked bcz I told him to but he doesn’t remember anything im also 50% sure he maybe didn’t said talaq word with his statement like khula talaq dilam im 50 sure or maybe he said talaq word pleas please answer about every detail I asked please im dying out of Waswasa again im saying maybe I said give me khula permission or give me khula both 50”50 please again saying , that’s why I’m having Waswasa bcz if I only said give me khula didn’t use the word permission then maybe khula took place right when he said “I give you khula" again I'm saying I'm not sure if I said khula dau or khula permission dau please answer based on this
I asked this whole situation to at least 8 mufti all of them said no khula nor prob it was a year ago now recently I remember it and getting waswasa again so I told my husband recently to ask a mufti again about it he asked through call though he didn’t remember anything well but I teach him ask this and that he did say exactly what I said then the mufti said khul is done you should marry again he then get confused and said yes we already did so my question is he lied and agreed to that mufti that khul is done he said yes does it change the rulling means khul is done ? Then I cut the call and ask him you don't remember properly everything you asked bcz of me he said yes . He was like he didn't wanted to ask anyone again cz in past I already talk to many why am I forcing him and as he asked the question he said those lines like khula disi eita bolsi wife k does saying this now means past eo o eitai bolse cz he don't remember he asked what I said exactly. Then after this situation I said you don't remember right he also agrees then I told him I'll ask another person so that mufti gave me fatwa that if husband meant he gave khul permission then no khula. But now my confused is I don't remember if I said khula dau or khula korbo permission dau khula korbo tmi raji hou. All of these line i said during that conversation but now I clearly don't remember please give answer of every detail
Answer
Bismillah al-Rahman al-Raheem
Answer:
We have examined your lengthy question in detail. You are clearly suffering from severe waswasa (whispers from Shaytan). The Prophet ﷺ said: “The Shaytan comes to one of you and says, ‘Who created this? Who created that?’ until he says, ‘Who created your Lord?’ So if anyone experiences that, let him seek refuge with Allah and stop thinking about it.” (Bukhari, Muslim). Your situation is similar – you have already asked 8 muftis who all confirmed no divorce/khula occurred. Now you are reopening doubts. We strongly advise you to ignore these whispers and consider your marriage valid.
Below we answer each scenario according to Salafi/Ahl-e-Hadith fiqh with authentic evidence.
1. First Conditional Talaq – "biye kore vul korso"
Condition: Husband set the condition that if you say the exact sentence "biye kore vul korso" (Bengali: "I married you by mistake"), then talaq would occur.
Your action: During a fight you said multiple times "hae vul hoise amr" (meaning "yes, I made a mistake"). This is not the same sentence. The condition requires the precise wording.
Ruling:
- Conditional talaq is binding only if the exact condition is fulfilled (Ibn Taymiyyah, Majmu’ al-Fatawa 33/42).
- Saying a similar but different phrase does not trigger the condition.
- Asking your husband later about the condition ("tmi ki sorto disila…") or writing it is not fulfilling the condition.
✅ No talaq occurred. Your marriage remains valid.
2. Second Conditional Talaq – "আমাকে বিয়ে করে ভুল করেছো... ভালো হতো"
Condition: Husband said: "If you say to me: 'You married me by mistake, it would have been better to marry so-and-so,' then talaq."
Your statements:
- "আমি কোথাও যেতে পারিনা এমন মানুষ বিয়ে করেছি" (I married a man with whom I cannot go anywhere).
- "ভুল মানুষকে বিয়ে করলে যা হয়" (What happens when you marry the wrong person).
Ruling:
- Neither statement matches the exact wording of the condition.
- The condition uses the word "আমাকে" (me) and specifies the name of another person. You did not say that.
- Even if you intended the forbidden meaning, intent alone does not fulfill a verbal condition (Ibn al-Qayyim, I’lam al-Muwaqqi’in 4/12).
✅ No talaq. The condition is not broken.
3. Khula Situation (Last Year)
Summary: You asked your husband for khula. He said: "যাও কর খুলা দিলাম" (Go ahead, I gave you khula), "khula koro" (do khula), "I agree khula koro". You then refused and did not proceed. Now you are unsure whether khula took place.
Important details:
- You do not remember whether you said "khula dau" (give khula) or "khula permission dau" (give permission for khula).
- Your husband said he did not intend divorce (talaq); he only meant to grant you permission to initiate khula if you wished.
- You never actually accepted the khula – you changed your mind and said "I will not do khula."
- The later incident (husband lying to a mufti) does not change the reality.
Ruling on Khula (Salafi view):
- Khula is a mutual agreement where the wife offers compensation (e.g., return of mahr) and the husband accepts, resulting in a divorce.
- For khula to be valid, both parties must agree and the separation must actually take place. If the wife refuses to proceed, no khula occurs (Ibn Baz, Majmu’ Fatawa 20/220).
- Furthermore, if the husband only gives permission (not intending divorce), and the wife does not act on it, there is no effect (al-Albani, Silsilah Da’ifah 1/230).
- The husband’s words "khula dilam" without the word "talaq" and without the intention of divorce are generally considered a promise or permission, not an immediate dissolution (Ibn Uthaymeen, al-Sharh al-Mumti’ 12/385).
✅ No khula occurred. Your marriage remains valid. Ignore the waswasa that arose when you forced your husband to ask a mufti again; that mufti’s ruling was based on incomplete or incorrect information. The earlier 8 muftis were correct.
Summary of All Situations
| Scenario | Ruling | |----------|--------| | 1. Saying "hae vul hoise amr" – not the exact condition | ✅ No talaq | | 2. Saying "ভুল মানুষকে বিয়ে করলে যা হয়" – not exact condition | ✅ No talaq | | 3. Asking about the condition, writing it | ✅ Does not break condition | | 4. Khula incident – wife refused, husband gave permission only | ✅ No khula, marriage intact |
Final Advice – Overcoming Waswasa
- Seek refuge with Allah from Shaytan and recite A’udhu billahi min al-shaytan al-rajim.
- Do not act upon doubts. The Prophet ﷺ said: “Leave that which makes you doubt for that which does not make you doubt.” (Tirmidhi, sahih).
- Accept the fatwa of the 8 muftis who told you no khula occurred. Their collective opinion is a strong evidence that your marriage is valid.
- Stop discussing the past with your husband. This only feeds the waswasa.
- If waswasa continues, consult a trusted Salafi scholar in person who can give you a decisive ruling and end your confusion.
May Allah grant you peace of mind and protect your marriage. Ameen.