Social Matters >> Talaq (Divorce)
Question ID: 45750Country: United States of America
Answer ID: 45750
Bismillah hir-Rahman nir-Rahim !
(Fatwa: 1295/969/B=10/1434) No talaq takes place merely by occurring waswasa in the heart or giving talaq in heart. Yes, if you said the word “mai ne tumay talaq dey” in a way that you heard the word yourself then one talaq rajai (revocable) took place on your wife whether you had an intention of talaq or not. The word of talaq is explicit and it requires no intention. If you want, you may take her back during iddah, you will not need halalah or new nikah. But if the wife experienced three menses after talaq i.e. her iddah was over then she became bayina (separated). If you wish to live as husband and wife then you may do new nikah with mutual consent and live together.
Allah (Subhana Wa Ta'ala) knows Best
Darul Ifta,
Darul Uloom Deoband, India