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Regarding Kinaya words

November 7, 20201 min readDivorcedivorceKinayah

Question

Assalaamualaikum brother. Please forward:

My wife and I had an argument and during the argument, she mentioned that she will return some items back to me. Thereafter I said if she does return those items to me then I am done. This was really in the heat of the moment. I do not want this to be true. It was a threat basically saying I do not want the items back. Not where I want a divorce god forbid. I want to take this threat back and not let it be the case.

Answer:

ﺑﺴﻢ اﷲ اﻟﺮﺣﻤﻦ اﻟﺮﺣﯿﻢ
In the name of Allah, the Most Gracious, the Most Merciful

According to the above-mentioned scenario, divorce will NOT take place irrespective of whether the items are returned or not because the sentence “I am done” cannot constitute a divorce. Also, the questioner did not have any intention of divorce. We advise our dear brother to reflect on the words that he intends to say before saying them because misuse of the tongue can lead to evil consequences.

Fatawa Hindiya: v. 1, p. 411 (DKI) َ

Only Allah knows best

Written by Maulana Mohammad Ahsan Osmani Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

Published by Darul Ifta Texas for general guidance. It is not a ruling from a Shariah court, and it should not be taken outside the situation it addresses. Only Allah knows best.

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