Q: During a quarrel, if the husband says to his wife "you can take your decision, if you are not satisfied you can go". Did the husband give the right of divorce to his wife by this sentence? The husband had no intention to give the right to issue divorce to his wife when he said this sentence.
A: Through this sentence, the husband has given his wife the right of issuing the talaaq. However, the wife can only issue the talaaq as long as she remains in the place where the husband has given her the right of talaaq. If she does not issue the talaaq and moves from the place, she will lose the right to issue the talaaq.
And Allah Ta'ala (الله تعالى) knows best.
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Mufti Ebrahim Salejee (Isipingo Beach)
Q: I don’t understand what you mean by "the wife can only issue the talaaq as long as she remains in the place where the husband has given her the right of talaaq. If she does not issue the talaaq and moves from the place, she will lose the right to issue the talaaq".
What place are you referring to? The husband and wife stay in the same place. Why doesn't she get the right to divorce for her whole life?
A: The sharee ruling in this situation is that the wife only has the right to issue the talaaq as long as she remains in the same place. Once she moves away from the place which the husband gave her the right, she will lose the right of issuing the talaaq. However, if the husband tells her I give you the right to issue the talaaq on yourself whenever you wish, she can issue the talaaq whenever she wishes, even after moving away from the place he had given her the right to issue the talaaq.
And Allah Ta'ala (الله تعالى) knows best.
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