Question
A husband giving Talaaq to his wife said: "If you go to your parents‟ home this weekend, then you are divorced with one Talaaq Baa-in." The wife thereafter went to her parents house before the weekend, that is on Friday. She now claims that she is divorced. The husband says that she is not divorced since he had stipulated „weekend‟. However, the wife says that he is lying. When he issued the conditional Talaaq, he did not mention the condition of weekend. She never heard him mentioning „weekend‟. What is the state of their Nikah?
Answer
The mas'alah clearly states that despite there being an Istisnaa (an exception), she has to regard herself as divorced merely on the basis of her not having heard the Istisnaa. If she is lying, she should understand the dire consequences. But if she is truthful in her claim, then the divorce (Talaaq Baa-in) has taken effect. The claim of the husband is rejected.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 28 No 06
- PDF page
- 11
Verbatim verified against the source PDF
Appears under TALAAQ OF BIPOLAR PERSONS. This heading is the nearest headline at or before the page and is approximate. Do not cite it alone.