Fatwa: # 44830
Category: Jurisprudence and Rulings...
Country:
Date: 5th May 2020

Title

Does this scenario constitute ẓihār or ṭalāq?

Question

Assalamu Alaikum Shiekh I was telling my wife if you go to this certain place to work and I find out I will not aloud you in my house, I will be your son if you come to my house (it is an expression in our culture). because of this coronavirus I don’t want her to work so I was trying to scare her. If she goes to work and I find out, dose it mean 1 talaq or zihar or is it an oat. Also can I change my statement after a few days and tell her that it is ok to go work now, dose it expires my early statement , note that she hasn’t been to work so far Jazakallah khair

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu' alaykum wa-raḥmatullāhi wa-barakātuh.

You state to say, "I will be your son if you come to my house" is an expression in your culture. We advise that you refer your predicament to a local Alim or Muftī of your culture and seek his guidance.[1]

And Allah Ta'āla Knows Best

Abrar Habib

Student - Darul Iftaa

New York City, New York, USA

Checked and Approved by,

Mufti Ebrahim Desai.

 

10-09-1441|02-05-2020

 


[1] الدر المختار وحاشية ابن عابدين (رد المحتار) (3/ 299)

 فإن سرحتك كناية لكنه في عرف الفرس غلب استعماله في الصريح فإذا قال " رهاكردم " أي سرحتك يقع به الرجعي مع أن أصله كناية أيضا، وما ذاك إلا لأنه غلب في عرف الفرس استعماله في الطلاق وقد مر أن الصريح ما لم يستعمل إلا في الطلاق من أي لغة كانت

 

احسن الفتاوى (5/155)

 

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