Importance of Intention in Divorce Matters
A man told his brother near the door at home, “I have divorced my wife.” The wife overheard this as well. The man says he only wanted to threaten her and did not directly address his wife. Has the divorce occurred or not?
Shaykh ʿAbd al-Wakeel Nāṣir ḥafiẓahullāh
☞ This issue is subject to scholarly disagreement (i.e., mukhtalaf fīh). There are two major positions regarding it:
Some scholars say that such a statement may either be true or false, and therefore depends on the person's intention.
✔ If the man did not intend to divorce, and his purpose was only to threaten or intimidate, then divorce has not occurred.
✔ If the statement was made without intention, and merely as a narration or expression, not a declaration, then it does not constitute a binding divorce.
✦ If the man’s intention was not to divorce and he merely conveyed a threat or false report, then divorce does not take place.
✦ This matter falls under the ruling of "خبر" (informing) and not a direct issuance (إنشاء) of divorce.
✦ Intent (niyyah) plays a crucial role in determining whether the divorce is valid or not in such ambiguous situations.
وَاللّٰهُ أَعْلَمُ بِالصَّوَاب
Question:
A man told his brother near the door at home, “I have divorced my wife.” The wife overheard this as well. The man says he only wanted to threaten her and did not directly address his wife. Has the divorce occurred or not?
Answer by:
Shaykh ʿAbd al-Wakeel Nāṣir ḥafiẓahullāh
Ruling & Clarification:
☞ This issue is subject to scholarly disagreement (i.e., mukhtalaf fīh). There are two major positions regarding it:
① Statement Depends on Intention:
Some scholars say that such a statement may either be true or false, and therefore depends on the person's intention.
✔ If the man did not intend to divorce, and his purpose was only to threaten or intimidate, then divorce has not occurred.
✔ If the statement was made without intention, and merely as a narration or expression, not a declaration, then it does not constitute a binding divorce.
Summary:
✦ If the man’s intention was not to divorce and he merely conveyed a threat or false report, then divorce does not take place.
✦ This matter falls under the ruling of "خبر" (informing) and not a direct issuance (إنشاء) of divorce.
✦ Intent (niyyah) plays a crucial role in determining whether the divorce is valid or not in such ambiguous situations.
وَاللّٰهُ أَعْلَمُ بِالصَّوَاب
