Touching one's sister in-law with lust

Q: I was like kind of attracted to my sister in law. About a year back my wife and I where having an argument. She was telling me that she does not like me talking to her sister and that I'm always talking to her sister etc. I always like had the thought that the rule regarding where a man touches his mother inlaw with lust nikah breaks may also apply to the sister in law also. I also had doubts as to weather rule may apply to the sister in law. I was not completely sure. Anyway, during that argument I told my wife "you know if I even touch her (my wifes sister) nikah breaks" with no intention of any talaq at all. I wasn't suspending or issuing a talaq I wasn't even thinking about talaq. I just told her that for it to seem as though that is the islamic ruling. I just guessed/made up/ lied for it to seem that that is the islamic ruling and for her not to worry and to give assurance. I had absolutely no intention of any talaq, the only intention I may have had was not to touch my sister in law because its a sin. After couple of months I touched my sister in law with lust then after a few months I may have touched her with lust again. Some muftis told me that no talaq takes place because I had no intention. Another told me that no talaq takes place because that's a completely wrong statement and the statement won't take effect coz that's not the masla etc. Another told me it like falls under explaining a masla. My question is (1) is there any suspended talaq in this situation? If yes how many talaqs take place?  Am I safe and do I have anything to worry about?

A: Sincerely repent to Allah Ta'ala for the sin you have committed and resolve that you will observe pardah with your sister in law in the future. Talaaq has not taken effect.

الطلاق على ضربين صريح وكناية فالصريح قوله أنت طالق ومطلقة وطلقتك فهذا يقع به الطلاق الرجعي ... ولا يفتقر إلى النية (الهداية 2/359)

وأما الضرب الثاني وهو الكنايات لا يقع بها الطلاق إلا بالنية أو بدلالة الحاللأنها غير موضوعة للطلاق بل تحتمله وغيره فلا بد من التعيين أو دلالته (الهداية 2/373)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)