Talaaq

Waswasas regarding Talaaq

Q: My husband suffers from severe waswasas. We are newly married and both of us are extremely in love and happy with each other. However due to his waswasa problem he keeps on getting thoughts in his mind to say the words of divorce. This condition has become so severe that he cries continuously for hours because he is scared that he is going to loose me. Thus we have consulted with an Aalim an marriage councillor and he has told my husband to make a shart that divorce will only take place after consultation with an Aalim and when another Aalim is a witness(to combat the waswasa) so now we would like to know if due to waswasa he says the words will talaaq fall? (N.B. he has a history of severe waswasas in wudhu and salaah so much so that he repeats his witr about 12 times because of waswasa whether he read qunoot or not) please help! If there is any other solution it would be appreciated if you include it in the reply.

Supporting one's ex-wife

Q: As far as I know, one cannot live with ones x-wife in the same home and support her if she is an orphan and does not have brothers to take care of her? Even if you sleep in separate bedrooms and have no physical relations. Is there supporting Ayats and hadith that one may use if one wants to convince someone that this is not permissible?

Husband saying "mere traf sa tum Azad ho"

Q: I have a question about my situation with my wife. We were not fighting over anything only I was stopping her from going to a friend’s place. I said to her that ‘I can’t stop you from going to your friends home, tum meri taraf say azad ho, you can go to her place or but my son can’t go with you…you can go wherever you want to go’. I said that twice exactly *mere traf sa tum Azad ho, tumhei main nahi rok sakta liken mera beta us ke ghar nahi jaie ga*. I did not have any intention of divorce because I cannot think of this act. I am worried about my choice of words as I used the word ‘azaad’.  I am so confused and I had no idea that the word ‘azaad’ also refers to divorce. Please guide.

Saying to one's wife "I give you one"

Q: I am married and I had a argument with my wife. Whilst arguing one thing I said to her whilst in anger was “I will give you divorce” My intention
was that I would consider a talaaq not give a talaaq. We carried on arguing and I kept telling her to be quiet and speak to me slowly. She did not and this made me very angry and in that situation I said "I give you I give you one" realising that what I was about to say could break our marriage I stopped short of saying anything else. I did not mention the Talaaq  word when I said “I give you” as I realised what it would mean I had given divorce. It was not my intention to give talaaq, my intention was to stop the argument. I have been told that I have used kinayah words and because I had realised what it would mean if I had said the Talaq word and I stopped short of saying the actual word and I did not have intention of divorce, the Talaq has not taken place. Can you please confirm that what I have understood is correct. Please note I follow the Hanafi school of thought.

Husband telling the wife "Tumhe azadi ho jo chaho dekho"

Q: One day in a fight my wife on her freedom to watch any program on Television, she said she will watch anything on Television irrespective of my stoppage. I said that "Meri taraf se tumhe azadi ho jo chaho dekho lekin suba gane mat suna karo". Please advise in the light of above circumstances if my above sentence constitute Talaq e Bain as I heard azad word constitutes Talaq without any intention?

Sending a letter of divorce via post

Q: I am an Indian and my wife had filed a dowry case against me without any reason and based on that I had to give her talaq in writing back dated [13.11.2013] that is one month before from the day the they have called me in the police station [16.12.2013]. Otherwise they would have put me in some other cases. Since I am staying in gulf I have send a written letter to her on talaaq and sent the same by post. However I have pronounced talaq in front of her father and and other witnesses after a month [28.12.2013] in the police station over the phone. Now my question is which talaaq is valid the one which I pronounced in front of everyone over telephone or the one which I sent a letter to her house with witness signature but at that time during sending the letter I verbally did not pronounce talaq. Please advice which talaq is valid and how to count 3 months iddah period?

Telling one's wife "go" in an argument

Q: I suffer from wasaawis, but not on a major level, just mildly. I was arguing with my wife and she kicked me. After this I said go. My intent
was if that is how you are going to treat me then just go. At the same time the thought of divorce kept going through my head. Then I thought to myself this could mean divorce and immediately thought to myself I am not intending divorce. Did divorce occur in this situation?