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Intending
divorce without verbally pronouncing it
*Please appropriately reference
this fatwa to: www.fatwa-online.com, thankyou!*
Question:
I quarrelled with my wife, and after the quarrel I said to
myself without verbally saying so: "Why don't I just
say to her: "You are divorced!"?" (So I made
my mind up and thought) I shall say to her: "You are
divorced!". So, is there anything upon me as a result
of this? Keeping in mind that I did not verbally say anything.
(Kindly) provide me with a fatwa, (and) may Allaah reard you
with good.
Response:
If the situation is as described in the question, then the
divorce is not applicable. This is because the divorce is
not applicable by just the intention, rather it applies if
it is written or (pronounced) verbally, as the Prophet (sal-Allaahu
`alayhe wa sallam)
said:
((Indeed
Allaah overlooks the affairs of my ummah, so long as it has
not done the act or spoken (about it))). From the
hadeeth
of Abu Hurayrah (radhi-yallaahu
'anhu)
of which its authenticity is agreed upon by both Imaam
al-Bukhaaree and Imaam
Muslim.
Shaykh
Ibn Baaz
Fataawa at-Talaaq - Question 28, Page 54
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