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Said to his wife ‘you are free’

Question

if a man says to his wife do u want freedom? .you are free. but his intension is not to divorce her just telling her you can do your things freely my question is is that any kind of divorce does occur if his intension not to divorce her ?becuse some of scholars says in pakistan the word talaq mean in urdu free (azad) and by using these words talaq may occur if one intension divorce or not plz reply me as soon as possible ?

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.

The jurists  may  Allaah  have  mercy  upon  them stated that if the husband says to his wife "you are free", then this expression is a metaphor for divorce, therefore, the validity of divorce depends on the intention of the husband. If he intends to initiate a divorce, then divorce takes place, otherwise no.

For more benefit, please refer to Fataawa 91218 and 90531.

Allaah Knows best.

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