Search In Fatwa

If husband has thoughts of divorce and utters it unintentionally

Question

I had a disagreement with my wife and accordingly she went to her family’s place. After a while, I went to her seeking reconciliation; on my way to her I visualized the conversation that might happen between us and I uttered the words of divorce: “You are divorced” inadvertently, does this count as a divorce?

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If, when you uttered the words of divorce, you did so purposefully, then the divorce is effective, even if you did not intend to divorce your wife; since the clear words of divorce do not need the intention of divorce to be in effect. However, if you did not purposefully utter the expression of divorce but it came out of your mouth unintentionally, then the divorce is not effective.

Allaah Knows best.

Related Fatwa