Does an Indirect Statement Like “You Are Not My Wife” Count as Divorce?
Hanafi Fiqh
Answered by Ustadh Sufyan Qufi
Question
Does saying “If you didn’t do this as a child, then you are not my wife” in a joking context count as divorce if no intention was present?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray this finds you in the best of states.
No divorce is effected in the situation you have described.
The statement in question, “If you didn’t do this as a child, then you are not my wife,” is considered a kinaya (indirect or ambiguous expression) rather than a sarih (explicit statement of divorce). Thus, according to the Hanafi school, ambiguous statements do not result in divorce unless the speaker explicitly intended divorce at the time the statement was made or the statement was uttered during divorce talks. [Maydani, al-Lubab]
Allah, Most High, says:
“Allah will not hold you accountable for unintentional oaths, but for what you intended in your hearts. And Allah is All-Forgiving, Most Forbearing.” [Quran, 2:225]
And Allah knows best.
Wassalam
[Ustadh] Sufyan Qufi
Checked and Approved by Shaykh Faraz Rabbani
Ustadh Sufyan Qufi is an advanced seeker of knowledge, originally from Algeria, who grew up in France. He began searching for ways to learn Islam reliably and was disappointed at the answers he found locally.
Then he connected with various traditional teachers and gradually connected with SeekersGuidance. He embarked on his journey of learning through the various teachers at SeekersGuidance, including his mentor Shaykh Faraz Rabbani.
He studied numerous texts in Islamic Law, Theology, Hadith, and other areas with Shaykh Faraz Rabbani and other teachers, including Shaykh Abdurrahman al-Sha‘ar, Shaykh Ali Hani, and others.
He is an active instructor at SeekersGuidance and answers questions through the SeekersGuidance Answers Service.
