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Aslam Alaykum, please read and reply, jazakalla.
On the Internet I came across the following fatwa:
“The great Hanafi jurist (faqih), Imam Ibn Abidin (Allah have mercy on him) mentions this very scenario in his renowned classical work, Radd al-Muhtar. He states:
“….. it becomes clear that if a man was to have an argument with his wife, and he gave her three stones with the intention of divorcing her, but he did not verbally pronounce divorce, neither in clear terms nor in allusive terms, then divorce will not occur, as is the Fatwa given by al-Khayr al-Ramali and others. Similarly, some residents of the village order their wife to shave off her head (signifying divorce). Divorce will not occur by doing this even if the husband was to intend it.” (Radd al-Muhtar, 3/230-231)
The reason for this, as explained by the fuqaha, is that divorce only counts if the man pronounces the divorce verbally or in writing. The main integral (rukn) of divorce is the verbal statement of the man or the writing which takes place of this verbal statement. Yes, if one is dumb, then his clear and understood gesture (ishara) will constitute a divorce.
Therefore, the couple’s marriage is still intact and no divorce has taken place. Giving three coins to the wife does not effect a divorce even if the husband intended divorce when giving them. The same ruling will apply to other such customs, acts and expressions, as long as one does not pronounce the divorce verbally or in writing.
And Allah knows best, Muhammad ibn Adam Leicester.
After I read the above fatwa and other fatwas, they were still on my mind the following day. At one point I was IMAGINING that my brother was asking me a question regarding the above fatwa. So I was IMAGINING that I was explaining the above fatwa to him. As I was imagining explaining the above fatwa to my brother, in my head I was explaining things regarding the above fatwa e.g. “here’s one divorce and give a coin/stone, or here’s two divorce and give a coin/stone “ OR “here’s one and here’s two” etc.
At one point I had thought I verbally was talking to myself and saying everything I was imagining explaining to my brother. And later I realised I didn’t. Could you tell me if I was talking to myself and verbally saying everything I was imagining telling my brother regarding the above fatwa e.g. saying the following “here’s one divorce and give a coin/stone, or here’s two divorce and give a coin/stone “ OR “here’s one and here’s two” etc. Would that count as a divorce?
Because I didn’t verbally say everything to myself as I was imagining explaining the above fatwa to my brother, I decided Just to be on the safe side I find out what the ruling is in case I did say everything to myself what I was imagining explaining to my brother. I thought I explain the situation to a maulana via email (maulana hasn't replied, its been weeks) that I did say everything to myself as I was imagining it. Just because I wrote down I did say everything to myself as I was imagining when I really hadn’t, would this be taken as a divorce? Please note the reason I wrote in the email to the maulana that I said everything to myself as I was imagining explaining to my brother, was because so the maulana could explain what the ruling would be in case I had verbally said everything to myself what I was imagining.
I hope I haven’t confused you brother. Could you Please reply and help this muslim brother. May your efforts and answers to muslims be rewarded highly. I have tried searching for a similar query but unable to find one. Jazakalla
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