Question Summary:
“I want to give you divorce”…Did divorce take place in this case?

Question Detail:

This is regarding my husband, he always speak about divorce once he told me in a message writing “I want to give Talaq to you” after that he told me many times “I want to live, I don’t want you”. Once we were fighting, in anger I said to him “if you want to tell 3 times I will leave you and go” he said “I told you more than 26 times” but he didn’t utter the word Talaq. Now our relationship has come to an end because he tortures me a lot. I am just tolerating with him because of my 1 year old child.

1.      Tell me any wazaaif so that he comes back to me, stays and takes responsibilities of me and the baby.
2.      One more thing, clear my doubt that he told me many times that he will leave me, but didn’t uttered the word “Talaq” and he told me in message writing one “Talaq”. Is our relationship still there? Please let me know ASAP

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
 
We appreciate you seeking counsel from us.
 
Sister in order to address your first concern we would like to put things in perspective.
The sole purpose of the existence of humankind is to recognize Allah Ta῾ālā. We do not breathe, eat, drink, sleep and live on the surface of this earth as a coincidence. In reality we have been sent by a great being Allah Ta῾ālā in order to fulfill a greater objective. That objective and purpose is that we attest by word and action to the existence of Allah Ta῾ālā. In order to do this we have to proclaim our belief with our tongues that is by mentioning the words of the Kalimah, “There is no deity except Allah Ta῾ālā and Muhammad is the Messenger of Allah Ta῾ālā”. The second vital part of our purpose/objective is that by action we attest to the belief in one Allah. We do this by obeying Allah Ta῾ālā in all the injunctions that he has ordained upon us.
 
You mention you would like a Wazeefa in order to correct the current situation. The greatest wazeefa we have knowledge of is the obedience of Allah Ta’ālā. Allah Ta῾ālā mentions in the Quran.
 
وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مَخْرَجًا (الطلاق: 2 )
“Whosoever fears Allah, He shall make for him a way out (of every difficulty)”
 
Sister if its divine assistance you are looking for then the best way to gain it is by making your Allah Ta῾ālā pleased. We advise you to obey Allah Ta῾ālā in all your affairs, in the open and in secrecy. Always be conscious that Allah Ta῾ālā is watching you and is present with you at all times. When you live a life of total obedience to Allah Ta῾ālā then you will find the assistance of Allah Ta῾ālā present with you no matter what type of challenge life brings.
 
The words mentioned by your husband do not constitute Talaaq. To merely express the intention of giving Talaaq does not constitute Talaaq.[1] Similarly the other wordings your husband used whilst was in a dispute with you do not constitute Talaaq, unless he had the intention of Talaaq.[2]
 
As far as the written message in which you mention your husband said “Talaaq”. There seems to be more than just that word alone. We cannot pass a ruling on the issuance of Talaaq. Hypothetically Talaaq could be given via writing.[3] In order to get a clear ruling on your issue we suggest you contact one of your local Ulama on the matter.
 
We make dua Allah Ta῾ālā guide you and make all your affairs easy.
 
And Allah Ta’āla Knows Best
Mawlana Ali bin Cassim
Student Darul Iftaa
Los Angeles, CA (USA)
Checked and Approved,
Mufti Husain Kadodia