তর সাথে সংসার করবো না, তুই চলে যা

Answer:

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

Ruling on the Statement: "I will not live with you, you leave"

The statement “I will not live with you, you leave” is not an explicit (ṣarīḥ) word of divorce. In Islamic jurisprudence, divorce (ṭalāq) only takes effect if the husband uses clear, unambiguous words of divorce (e.g., “You are divorced,” “I divorce you”) or if he uses ambiguous (kināyah) words with the clear intention of divorce.

The words “I will not live with you” or “you leave” are considered kināyah (ambiguous). According to the majority of scholars, including the Salafī scholars (Shaykh al-Islām Ibn Taymiyyah, Ibn al-Qayyim, Shaykh Ibn Bāz, Shaykh al-Albānī, Shaykh Ibn ‘Uthaymīn, and Shaykh Ṣāliḥ al-Fawzān), no ṭalāq occurs unless the husband actually intended divorce when uttering these words. If he did not intend divorce, no ṭalāq falls.

Evidence:

• The Prophet (ﷺ) said: “Actions are but by intentions, and every man shall have only that which he intended.” (Ṣaḥīḥ al-Bukhārī, 1; Ṣaḥīḥ Muslim, 1907)
• Ibn ‘Abbās (رضي الله عنهما) reported that the Prophet (ﷺ) said: “Indeed, Allah has forgiven my Ummah for mistakes, forgetfulness, and what they are compelled to do.” (Ṣaḥīḥ Ibn Mājah, 2045; authenticated by al-Albānī)

Ruling of the Salafī scholars on ambiguous statements:

• Shaykh al-Islām Ibn Taymiyyah said: “If a man says to his wife: ‘Go to your family’ or ‘You are free’ or similar words, this is not a divorce unless he intended it.” (Majmū‘ al-Fatāwā, 33/123)
• Shaykh Ibn Bāz said: “If a man says to his wife ‘You are nothing to me’ or ‘I do not want you’ or ‘Leave,’ these are ambiguous words. No divorce occurs unless he intended it.” (Majmū‘ Fatāwā Ibn Bāz, 22/189)
• Shaykh Ibn ‘Uthaymīn said: “Words like ‘Go away’ or ‘I do not need you’ are not explicit divorce. They require intention.” (Al-Sharḥ al-Mumti‘, 13/96)
• Shaykh Ṣāliḥ al-Fawzān said: “The mere statement ‘I will not live with you’ does not constitute divorce unless the husband intended to divorce by it.” (Al-Muntaqā min Fatāwā al-Fawzān, 3/247)

How many ṭalāq fall? Bā’in or Raj‘ī?

• If the husband did not intend divorce: No ṭalāq occurs at all.

• If the husband intended divorce: Then it counts as one ṭalāq (not three), because he did not say “three” or clearly indicate three divorces. The ruling of that one ṭalāq depends on the situation:

  • First or second ṭalāq (and the marriage was consummated): It is ṭalāq raj‘ī (revocable). The husband can take his wife back within the ‘iddah without a new marriage contract.
  • If it is the third ṭalāq: It is ṭalāq bā’in (irrevocable). The wife becomes forbidden to him unless she marries another man and that marriage ends naturally (tahlīl).
  • If the marriage was not consummated: The ṭalāq is bā’in immediately, even if it is the first.

Proof for one ṭalāq only:

• The Prophet (ﷺ) said: “Three divorces in one sitting are counted as one.” (Ṣaḥīḥ Muslim, 1472 – but note: the majority of Salafī scholars accept this only if it is the first or second divorce and the husband intended three in one utterance; the strongest view in the Salafī manhaj is that three divorces in one utterance count as three, but the statement here does not mention “three” at all.)

In your case, since the husband only said “I will not live with you, you leave,” there is no mention of “three,” so it can only be one ṭalāq if he intended divorce.

Conclusion

1. The statement does not automatically count as divorce.
2. No ṭalāq falls unless the husband clearly confirms that he intended to divorce by these words.
3. If he intended divorce, it is one ṭalāq raj‘ī (if it is the first or second and the marriage was consummated) or one ṭalāq bā’in (if it is the third or the marriage was not consummated).
4. The wife should ask the husband directly: “Did you mean to divorce me by those words?” If he says no, there is no divorce. If he says yes, then one ṭalāq has occurred.

Final advice: Avoid ambiguous statements and fear Allah in matters of marriage and divorce. It is best to consult a reliable scholar in your locality for a fatwā based on the full details of the situation.

And Allah knows best.