QUESTION:
Bakr said to his wife Zayda “either choose me or your parents, if you’re going to choose them then I’m going to divorce you”, will his wife Zayda be divorced with these words? Ssome people have publicised that Bakr has divorced his wife.
ANSWER:
The statement of Bakr to his wife Zayda “I will divorce you” is a promise and not a divorce, even if he said this in front of his children many times. Therefore if the questioner is being honest then divorce will not have taken place in this situation and Bakr is still married to Zayda.
[Fatawa Ridawiyyah vol. 13 page 233]
It says in Fath-ul-Qadeer, chapter of divorce:
ولا يقع بأطلقک إلا إذا غلب في الحال
Trans: “divorce does not happen by saying ‘I will divorce you’.”
Since the divorce has not occurred then deliberately publicising this without verification is a severe sin and whoever does this will be cursed by Allah (تعالى) and worthy of His punishment.
The Holy Prophet of Allah (صلى الله عليه و سلم) said:
ليس منا من خبب امرأة علي زوجها رواه أبو داؤد والنسائي والحاکم بسند صحيح
Trans: “He is not amongst us who incites a wife against her husband”.
[Abu Dawood, Nasai, Hakim, Sahih Hadith]
It is necessary for people to avoid interfering with Islamic rulings unnecessarily and fear Allah.
Allah تعالى is most knowing.
Answered by Mufti Shams ul Huda Misbahi
Translated by Mawlana Muhammad Rashid Madani
Also see:
[Q-ID0428] ‘If you do not come home tomorrow, then we are finished’ – is saying this a divorce?
![[Q-ID0189] My Husband said ‘I divorce you’ three times, on different occasions. Has divorced occurred?](https://www.seekerspath.co.uk/wp-content/themes/hueman-pro/assets/front/img/thumb-medium-empty.png)
