Asking one's husband "Will you divorce me and he replies "Why not?"

Q: My sister, me and my husband were in a random conversation when I asked him will you divorce me. He said why not, but unintentionally. Is my talaq done? Is my marriage valid?

A: If you were referring to the future by saying "will you divorce me", and he responded by saying "why not", also intending the future, then no talaaq has taken place as the meaning of "why not" will be why will I not divorce you in the future.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)