What do the scholars and muftis of the mighty Shari’ah say regarding the following matter: I said to my wife, ‘if you do not come home tomorrow, then we are finished’; I did not have the intention of divorce, rather it was to have her return home i.e. so that she return home. Also, after one month I gave her one divorce and she was pregnant at the time, so what will her waiting period (‘iddah) be; if I issued one divorce then how long will the ‘iddah be, and if I issued two then how long will it be?
Questioner: A brother from UK
بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب
In the English language, this statement, ‘we are finished’ is ambiguous (kināyah); the divorce will only take place with this statement if there was an intention of divorce, and you have made it clear that you did not have the intention of divorce at that time, therefore, the divorce will not take place with that. The divorce which you issued after a month will be considered as one divorce; in this situation the ‘iddah of a pregnant woman will be until delivery [of the child]. Just as Allāh (Most Majestic) states in the Qurān:
وَأُولاتُ الأَحمالِ أَجَلُهُنَّ أَن يَضَعنَ حَملَهُنَّ
‘As for those who are pregnant, their term shall be until they deliver’ [Sūrah Talāq, Verse 4]
Also, it is mentioned in Tanweer al-Absaar with al-Durr al-Mukhtār:
وَفِي حَقِّ الْحَامِلِ مُطْلَقًاوَضْعُ جَمِيعِ حَمْلِهَا
‘The ‘iddah of a pregnant woman is until her delivery’ [al-Durr al-Mukhtār, Kitāb al-Talāq, Bāb al-‘Iddah, Volume 5, pg 192]
واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم
کتبہ ابو الحسن محمد قاسم ضیاء قادری
Answered by Mufti Qasim Zia al-Qadri
Translated by Zameer Ahmed
Read the original answer in Urdu here – [Q-ID0428] ‘If you do not come home tomorrow, then we are finished’ – is saying this a divorce?