Respected Mufti Sahib,
I need your guidance regarding an issue related to divorce (ṭalāq)
In a moment of anger and frustration, I said to my wife:
> “If you do not say ‘no’ to that matter before 12 a.m., then divorce will take place.”
At that time, I was thinking negatively, but deep inside, I did **not truly intend to use the word ‘divorce’**. I only said it to **pressure** my wife into doing what I wanted. I believed this was the only way to make her listen to me.
In other words, I was not clear in my mind — part of me was only threatening her, while another part of me thought that if she did not comply, the consequence (divorce) would follow. Both thoughts were present, and I was very confused.
Later on, I said:
> “I take back what I said; I cancel my statement.”
My questions are as follows:
1️⃣ If my wife actually said “no,” did divorce take place?
2️⃣ If I said “I take back my words” before 12 a.m., does that cancel my earlier statement?
3️⃣ I have already used the word “divorce” twice before on different occasions during the past year —
- The first time I said: “I give you one divorce.”
- The second time I said: “This is your second divorce.”
Now, on this third occasion, I connected the divorce with a condition — “If she does that, divorce will occur; if not, it will not.” But again, my **true intention was only to threaten her**, not to actually issue divorce, although evil thoughts also came to mind about divorce being possible.
4️⃣ If a divorce has taken place in this case, would it be revocable (raj‘ī) or irrevocable (bā’in)?
5️⃣ If this counts as the third divorce, does it mean that we can no longer remarry without ḥalālah? Or is there any way around it?
To clarify once again:
My intention was never to divorce her. I only said those words to frighten her and make her listen to me. Even at that time, and afterward, I had no real will to divorce.
Does such a conditional or threatening statement still cause a valid divorce in Islam?
If the condition (my wife saying “no”) was fulfilled, does the divorce still count?
And what is the Islamic ruling on indirect (kināyah) expressions that sound like divorce but are only meant as a warning or threat?
Please guide me in light of the Qur’an, Sunnah, and Hanafi Fiqh۔
May Allah reward you abundantly for your help and guidance.
Jazākumullāhu khayran.
