Does Saying “I Leave You” During Anger Result in Divorce?

Answered by Shaykh Irshaad Sedick

Question

My husband, following the Shafi‘i school, said “I leave you” during a moment of extreme anger, without intending divorce. Does this count as a valid talaq, especially if it was not clearly worded or intended?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

May Allah alleviate our difficulties and guide us to what pleases Him. Amin.

If your husband used unclear expressions that could mean divorce, his word is final about whether he meant it as divorce. He used an unclear expression; therefore, no divorce occurred, and Allah knows best. [Nawawi, al-Majmu‘]

Plain Words of Divorce

The words that effect a divorce may be plain or allusive. Plain words effect divorce whether one intends it or not, while allusive words do not effect it unless one intends divorce thereby.

Using plain words to effect a divorce means expressly pronouncing the word divorce (in any language) or terms derived from it. When the husband says: “I divorce you” or “You are divorced,” the wife is immediately divorced whether he has made the intention or not.

In the rulings below, expressions such as “the wife is divorced” or “the divorce is effected” mean just one of the three times necessary to finalize it, unless the husband intends a two or threefold divorce or repeats the words three times.

Allusive Words of Divorce

Using allusive words to effect a divorce includes:

The husband’s saying, “You are now alone,” “You are free,” “You are separated,” “You are parted,” “You are no longer lawful to me,” “Rejoin your kin,” “I leave you,” and the like.

• Or he says, “I am divorced from you.”
• Or when he commissions the wife to pronounce the divorce, and she says, “You are divorced.”
• When someone asks the husband. “Do you have a wife?” and he says, “No.”
• Or when the husband writes words that effect the divorce, whether able or unable to speak at the time of writing, whether he is present or absent, or whether he writes in plain or allusive words.

When one intends divorce by any of the above, the words effect it, but if one does not, they do not. [Ibid.]

Given the considerations in such cases, we urge you to please consult reliable local scholars about the specifics of the situation. May Allah facilitate all ease and good for you.

And Allah knows best.
[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Faraz Rabbani

Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan (Allah have mercy on him), where he taught.

Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Shaykh Muhammad Awama, Shaykh Muhammad Hasan Hitu, and Mawlana Abdul Hafeez Makki, among others.

He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has been the Director of the Discover Islam Centre, and for six years, he has been the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.

Shaykh Irshaad has fifteen years of teaching experience at some of the leading Islamic institutes in Cape Town. He is currently building an Islamic podcast, education, and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy Prophetic living and fitness.