Husband telling his wife "if you want to go, then go"

Q: Husband said to his wife if you want to go, then go. 

Does this sentence mean that the husband has given right to his wife? Husband said that he had no divorce intention. Husband love his wife very much.

A: If the husband meant, if you want, you can leave the nikaah, then through this statement the husband had given the wife the right to issue the talaaq and leave the nikaah. However, the wife will only have the right to issue the talaaq as long as she is in the same gathering. Once she leaves the gathering, the right of issuing the talaaq ends.

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

لو قال لها: اخرجي إن شئت ينوي الطلاق فشاءت طلقت (البحر الرائق 3/365)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)