Q: I understand that there has to be a niyyah when one says a phrase of kinaya talaaq. I wondered that if one is arguing, and one gets a feeling like wanting to divorce or a feeling like "come on do it now (leave her) and then says a kinaya statement like "go to your father", all happening in seconds, is that a clear intention that is necessarry? But if the person asks himself a few moments later did you want to definetly divorce her now by that, the answer is no. What do i do now as i dont know whether it was an intention that counted or not?
A: If there is a muzaakarah of talaaq or the kinaayah word is used and it is jawaab or radd then it will construe a talaaq.
And Allah Ta'ala (الله تعالى) knows best.
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Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)
Q: Could you please explain this to me with an example. Jawaab or radd is reply I think but what does is mean, like jawaab or radd to what?
A: For example, there is a discussion of talaaq taking place and the wife asks, "Have you divorced me? and he says, "Yes." Or she says that give me a divorce and he says, "I have given one." Or she says, "Divorce me and free me," and he says that I have freed you. This has the salaahiyyat of jawaab.
And Allah Ta'ala (الله تعالى) knows best.
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