Fatwa: # 19248
Category: Divorce
Country: United Kingdom
Date: 5th May 2011

Title

1) If a man says the words ' down there' to his wife with intention...with the meaning in the mind go down ther to your mums. Does this affect his marriage?

Question

aslaam alaikum

I have 2 questions and need a fatwa urgently please.

1) If a man says the words ' down there' to his wife with intention...with the meaning in the mind go down ther to your mums. Does this affect his marriage?

2)  If a person says just the word " single female" to his wife with intention, with the meaning in the mind 'you are now a single female'.
does that affect the nikkah? just " single female" is said.


Answer

Assalāmu `alaikum Warahmatullāhi Wabrakatuh,

 

The statement “down there” and “single female” do not constitute Talaq as there was no intention of Talaq in each of the statements.

 

الْكِنَايَاتُ (لَا تَطْلُقُ بِهَا) قَضَاءً (إلَّا بِنِيَّةٍ أَوْ دَلَالَةِ الْحَالِ) وَهِيَ حَالَةُ مُذَاكَرَةِ الطَّلَاقِ أَوْ الْغَضَبِ،...وَنَحْوُ...أَنْتِ وَاحِدَةٌ...(تَتَوَقَّفُ الْأَقْسَامُ) الثَّلَاثَةُ تَأْثِيرًا (عَلَى نِيَّةٍ) لِلِاحْتِمَالِ

)الدر المختار وحاشية ابن عابدين (رد المحتار) 3/ 296(

And Allah Ta'āla Knows Best,

 

Muftī Ebrahim Desai

Daruliftaa
35 Candella Rd, Durban, South Africa

www.daruliftaa.net

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.
The Messenger of Allah said, "When Allah wishes good for someone, He bestows upon him the understanding of Deen."
[Al-Bukhari and Muslim]