Source: Fatāwā Muḥammadiyyah, Volume 1, Page 826
Questioner: Khālid Jāveed, S/o Tājuddīn
Address: House No. 16, Alawi Street No. 40, Nisbat Road, Lahore
Approximately one and a half months ago, in a state of extreme anger, I said to my wife:
"Don’t bother me, otherwise I will divorce you."
Then about fifteen days ago, again in a similar state of anger and while cursing her, I said:
"Go, may you be ruined—with divorce."
On both occasions, I was extremely angry and had no intention of issuing an actual divorce. I only said these words to frighten and warn her so that she would obey me.
I swear that apart from these two instances, I have never issued a divorce to my wife—neither verbally nor in writing.
If I am lying, then I am myself responsible, and the burden of this fatwa will be upon my own neck.
It has now been 12 or 13 days since the second statement was made.
Alḥamdulillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd:
Based on the authenticity of the question, in the described case:
The first statement:
"Otherwise I will divorce you."
is a warning and a future-tense conditional statement. According to Islamic law, divorce is only effected by declarative (past-tense) statements, such as:
Such past-tense statements result in a valid divorce.
However, the first statement is conditional and refers to the future, hence no divorce takes place from it.
The second statement was:
"Go, may you be ruined—with divorce."
This sentence contains a declarative verb in the past tense, and it clearly includes the word "divorce". The following factors indicate that a divorce has occurred:
Hence, one revocable (رجعی) divorce has indeed taken place.
In the case of revocable divorce, the husband is allowed to take his wife back during the ʿiddah (waiting period).
As mentioned in the Qur’ān:
ٱلطَّلَـٰقُ مَرَّتَانِ ۖ فَإِمْسَـٰكٌۢ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَـٰنٍۢ
"Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment."
— Surah Al-Baqarah (2:229)
Imām Ibn Kathīr رحمه الله states:
"If a man gives his wife one or two divorces, then as long as her ʿiddah remains, he has the choice either to take her back with the intention of reconciliation and treating her well, or to leave her until her ʿiddah ends and she becomes completely separated from him."
(Tafsīr Ibn Kathīr, Vol. 1, Pg. 292)
This further supports that a revocable divorce allows return during the ʿiddah.
❖ The first statement — "Otherwise I will divorce you" — does not result in a divorce, as it is a conditional warning for the future.
❖ The second statement — "Go, may you be ruined—with divorce" — does result in one revocable divorce, as it is declarative and explicit.
❖ Since only 12 or 13 days have passed since the second statement, the ʿiddah period is still ongoing, and the marriage remains intact.
❖ The husband is permitted under Islamic law to reconcile (رجوع) with his wife during the ʿiddah, and this is considered valid and permissible.
❖ This fatwa is based solely on the truthfulness of the questioner’s statement. If there is any falsehood, the responsibility lies upon him alone.
❖ A mufti’s pen cannot render ḥarām as ḥalāl or vice versa. The mufti is not responsible for judicial disputes or deceit.
"This is what I hold. And Allah knows best what is correct."
Questioner: Khālid Jāveed, S/o Tājuddīn
Address: House No. 16, Alawi Street No. 40, Nisbat Road, Lahore
✦ Question:
Approximately one and a half months ago, in a state of extreme anger, I said to my wife:
"Don’t bother me, otherwise I will divorce you."
Then about fifteen days ago, again in a similar state of anger and while cursing her, I said:
"Go, may you be ruined—with divorce."
On both occasions, I was extremely angry and had no intention of issuing an actual divorce. I only said these words to frighten and warn her so that she would obey me.
I swear that apart from these two instances, I have never issued a divorce to my wife—neither verbally nor in writing.
If I am lying, then I am myself responsible, and the burden of this fatwa will be upon my own neck.
It has now been 12 or 13 days since the second statement was made.
✦ Answer:
Alḥamdulillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd:
Based on the authenticity of the question, in the described case:
① First Statement: No Divorce Occurred
The first statement:
"Otherwise I will divorce you."
is a warning and a future-tense conditional statement. According to Islamic law, divorce is only effected by declarative (past-tense) statements, such as:
- "I have divorced you."
- "I have already given the divorce."
- "You are divorced."
Such past-tense statements result in a valid divorce.
However, the first statement is conditional and refers to the future, hence no divorce takes place from it.
② Second Statement: One Revocable Divorce Occurred
The second statement was:
"Go, may you be ruined—with divorce."
This sentence contains a declarative verb in the past tense, and it clearly includes the word "divorce". The following factors indicate that a divorce has occurred:
- The statement is in the past tense.
- The word "divorce" is used explicitly.
- The overall meaning conveys divorce.
Hence, one revocable (رجعی) divorce has indeed taken place.
③ Ruling on Revocable Divorce (رجعی طلاق)
In the case of revocable divorce, the husband is allowed to take his wife back during the ʿiddah (waiting period).
As mentioned in the Qur’ān:
ٱلطَّلَـٰقُ مَرَّتَانِ ۖ فَإِمْسَـٰكٌۢ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَـٰنٍۢ
"Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment."
— Surah Al-Baqarah (2:229)
④ Explanation from Tafsīr Ibn Kathīr:
Imām Ibn Kathīr رحمه الله states:
"If a man gives his wife one or two divorces, then as long as her ʿiddah remains, he has the choice either to take her back with the intention of reconciliation and treating her well, or to leave her until her ʿiddah ends and she becomes completely separated from him."
(Tafsīr Ibn Kathīr, Vol. 1, Pg. 292)
This further supports that a revocable divorce allows return during the ʿiddah.
Summary of the Ruling:
❖ The first statement — "Otherwise I will divorce you" — does not result in a divorce, as it is a conditional warning for the future.
❖ The second statement — "Go, may you be ruined—with divorce" — does result in one revocable divorce, as it is declarative and explicit.
❖ Since only 12 or 13 days have passed since the second statement, the ʿiddah period is still ongoing, and the marriage remains intact.
❖ The husband is permitted under Islamic law to reconcile (رجوع) with his wife during the ʿiddah, and this is considered valid and permissible.
❖ This fatwa is based solely on the truthfulness of the questioner’s statement. If there is any falsehood, the responsibility lies upon him alone.
❖ A mufti’s pen cannot render ḥarām as ḥalāl or vice versa. The mufti is not responsible for judicial disputes or deceit.
"This is what I hold. And Allah knows best what is correct."
