Question Summary:
Does divorce take place by merely saying “you’re free to do as you wish”? Question Detail:
I hope you will be doing fine. I want to know about one of my query regarding Implicit word "free" normally used for separation from wife. First tell me whether the word "free" is explicit or implicit,because we usually use this word in our day to day life. Sometime, people use these words to their wives "you are free to do anything you want even in anger", it doesnt imply that it can be taken as explicit word for divorce. I want to know complete ruling on this.
Some two weeks ago, I was seeing the rulings on divorce, where I find some implicit words due to which divorce can happen when somebody has intentions for it. I then became very confused and asked from myself whether I could have used these words. Then I reminded one of my verbal fight with my wife which happened more than three weeks ago. I didnt remember that what I have told her which comes under the umbrella of implicit words,but I guessed that may be I used the word "free" for her,but I wasnt sure,I was just reminding my words which I spoke to her at that time. Then for the purpose of reminding the exact scenario of that verbal fight,I wrote the whole story for myself in mobile as a draft note and saved it, and some of its text is as under:
At that time I told her that, "You are free from my side,whatever you want to do,do it, you are free to take your decision,because she was not listening me.I wanted to calm down her.I told her that I totally surrender in front of your stubborn behavior".
During my writing, I used the word "free" in a sense that means like "As you wish", like "As according to your choice". I havent any intentions of separation,while writing the above words in mobile as a draft note. In my day to day life, I usually use the word "free" for "choice" or "according to somebody's wish".
But I was not confirmed that whether I used the word "free" or not,because I was in extreme anger at the time of verbal fight,so for confirmation I asked from my wife that what happened between us,narrate the whole story with exact words to me. According to her,she told me that I havent used any word "free".
Then I realized that whatever I thought and whatever I wrote in reminding the words are totally baseless and full of doubts. So in doubts, divorce didnt happen. But I was a bit worry about my mobile text which I wrote for my reminding purposes. I thought that if the word "free" is taken as expicit then it doesnt need any intentions and divorce happen (may be even I was narrating something or writing the whole scene to myself or to you or to any other mufti,which even didnt happen to me,which is full of doubts,but explict words doesnt need intentions and divorce takes place so I became extremely worry even I also wept for not understanding this whole scenario), but if it is taken as implicit (which majority says,that word "free" is implicit), then I am on safe side.
At first I was thinking that I pronounced the word "free" and also wrote it in my draft note in a mobile for my self (not for sending purposes).. After talking with my wife,I confirmed that I havent pronounced any word to her.She also took oath for it and said to me that you havent pronounced or used the word "free" for her in whole conversation of that verbal fight. But I got worried that I actutally narrated a false story in my writing for which I was also not confirmed ,I was just thinking that may be i used these words "you are free" just to remind that I havent done anything wrong which would affect my nikah.
During my verbal fight with my wife and when I was writing the text in a mobile, I didn't have any kind of intentions of separation from my wife,even I promised myself at that time during verbal fight, that I would sacrifice everything for my relation,but would not make it suffer. In addition to this, during that verbal fight we were not discussing anything regarding separation ,it was just a verbal fight. I am a family man and I love my wife very much. She is now with me, where I am living. We are living very happily now.
I also narrated my story to many muftis and sought help from them,but they didnt replied yet. what I have searched that the words "You are free" are implicit words and intentions are required for it. because sometimes people use this word "free" or words "you are free" for many purposes,like for example you are free to do anything as I mentioned above.
Kindly please guide me, because my wife has cleared my doubts that I havent uttered the word "free" in my whole verbal fight for which I wasnt sured some days ago.... Also I wrote these words "you are free" narrating like a story to myself, the way now I am narrating the story to you or sending it to other muftis which my wife already confirmed that I didnt utter these words to me (she has also confirmed it).
Just tell me, that due to my doubts, due to my writing for myself in mobile or sending emails to muftis or to you, the words like "you are free to do anything you want" you are free to take your decision" would affect my Nikah ?????? My intentions are cleared from day one. Please guide me in a better way,what should I do??
I am in deep tension and very worry about this whole scenario. I would appreciate your quick reply.
Answer :
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
The word free is implicit. If one utters an implicit word and did not intend divorce then divorce does not take place [1]. Furthermore you did not even utter the word free which is confirmed by your wife. Also merely recording anything on your mobile phones does not constitute a divorce based on your assumptions.
Be rest assured your nikaah is intact. Do not allow the whispers of shaitan to dominate you. When you experience such thoughts recite
اعوذ بلله من الشوطان الرجيم
And
لا حول و لا قوة الا بلله
And Allah Ta’āla Knows Best
Bilal Ishaq (Issak)
Student, Darul Iftaa
Leicester, England
Checked and Approved by,
Mufti Ebrahim Desai.
بدائع الصنائع في ترتيب الشرائع (3/ 105) [1]
(وأما الكناية فنوعان: نوع هو كناية بنفسه وضعا، ونوع هو ملحق بها شرعا في حق النية، أما النوع الأول فهو كل لفظ يستعمل في الطلاق ويستعمل في غيره نحو قوله: أنت بائن، أنت علي حرام خلية برئية بتة أمرك بيدك اختاري اعتدي استبرئي رحمك أنت واحدة خليت سبيلك سرحتك حبلك على غاربك فارقتك خالعتك - ولم يذكر العوض - لا سبيل لي عليك لا ملك لي عليك لا نكاح لي عليك أنت حرة قومي اخرجي اغربي انطلقي انتقلي تقنعي استتري تزوجي ابتغي الأزواج الحقي بأهلك ونحو ذلك.
سمي هذا النوع من الألفاظ كناية؛ لأن الكناية في اللغة اسم لفظ استتر المراد منه عند السامع، وهذه الألفاظ مستترة المراد عند السامع
بدائع الصنائع في ترتيب الشرائع (3/ 106)
وإذا احتملت هذه الألفاظ الطلاق وغير الطلاق فقد استتر المراد منها عند السامع، فافتقرت إلى النية لتعيين المراد ولا خلاف في هذه الجملة إلا في ثلاثة ألفاظ وهي قوله: سرحتك، وفارقتك، وأنت واحدة فقال أصحابنا: قوله: سرحتك وفارقتك من الكنايات لا يقع الطلاق بهما إلا بقرينة النية كسائر الكنايات.
الاصل للامام محمد (٤/٤٥١)
و اذا قال الرجل لامرأته، انت علي حرام، فانه يسأل عن نيته فأن نوي الطلاق فهي طالق،و يسأل كم نويت من الطلاق. فأن نوي واحدة فواحدة با،نة....الخ
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