Q: My husband said, “If you want a divorce, I will divorce you,” but he meant it as a question. I interrupted him, so he stopped. Five seconds later, in anger, he said, “I don’t want to keep you. I’ll call my mother. I’m fed up with you. I’ll drop you at your parents’ home.”
Question: In Hanafi fiqh, because we were discussing divorce, is this called muzakarah-e-talaq? If my husband said these kinaya words in anger without intending divorce, would talaq bain happen?
A: In his first sentence, he only asked you whether you want talaaq or not and if you want talaaq then he is prepared to give it to you. This is not regarded as handing over the right of talaaq to you. Hence, since he did not give you any talaaq, no talaaq has taken place.
In these four sentences which he uttered, "I don’t want to keep you. I’ll call my mother. I’m fed up with you. I’ll drop you at your parents’ home.”, if he did not intend talaaq, then no talaaq has taken place. However, if he intended talaaq, then one talaaq-e-baain has taken place through uttering the last statement " I’ll drop you at your parents’ home.”,
And Allah Ta'ala (الله تعالى) knows best.
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