Telling witnesses prior to issuing the talaaq that he does not intend giving talaaq

Q: I’d like to know if the following fatwa is authentic which I found on a Hanafi website.

“If a person holds two persons as witness, before saying these words, that he does not intend issuing talaaq and he is only saying these words on his wife's persistence, then talaaq will not be effective.”

A: If he verbally issues the talaaq, the talaaq will take place, even though he told the two witnesses prior to issuing the talaaq that he does not intend giving her the talaaq.

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

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)