Please let me know if Talaaq has taken place. The following words were used:
His words were…
Get out of here
I then asked…
what do u mean?
Where must i get out from?
Get out of this house
Just get out
I then asked…
What are u doing?
Are you giving me a divorce?
I just did
“Get out”, “Get out of here”, “Get out of this house”, etc. Statements such as these are termed as Kinaayah i.e. ambiguous statements that have the potential of having dual meanings. It could mean that “Get out of this house (until my temper cools down)” and it could also mean that “Get out of this house (because I have just divorced you)!”
In the former case, Talaaq will not take place whereas in the latter case it will take place. To get clarification, the wife asked the husband; “What are you doing? Are you giving me a divorce?” The husband replied by saying, “I just did!” The purport of his reply was obvious, that his intention was clearly that of divorce. So by implication, he was saying, “I have just divorced you (by telling you to get out of the house).”
The Shar’ie ruling is that when a husband has the intention of divorce with ambiguous statements of this nature, then one Talaaq-e-Baa’in takes place which is an irrevocable divorce. Even if he intended divorce with each of these separate statements, then too only one (and not more than one) Talaaq-e-Baa’in is effective, because the juristic principle is that after one Talaaq-e-Baa’in takes place, a subsequent Talaaq-e-Baa’in cannot attach itself to the first one.
In conclusion, the wife is at present not in her husband’s Nikaah but they can reconcile and get
together by entering into a new Nikaah contract. They will have to remarry in the presence of at
least two male witnesses.
Checked and Approved By:
Mufti Muhammed Saeed Motara Saheb D.B.
As-Shaami – H. M. Saeed Edition, V3, P308