Question:
I would like SS Mufti’s opinion on something that happens between me and my husband. My husband one night told me his concern one night saying; “Ever since I marry you, I always hear whispers asking to divorce you,”. Does talak happens (are we considered as divorced) after he told me this?
Answer:
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
In discussing this issue, we will answer it separating it into two issues; statement of talak (voicing of the intention to divorce) and whispers of shaytan.
We will start by explaining the statement of talak. Sighah (form) of stating talak basically is divided into two:
- Sighah talak sarih: which is a clear statement of wanting to divorce (talak), such as by using the word talak itself, divorce or other words with the same meaning.
- Sighah talak kinayah: any words uttered that convey the same meaning of talak or other meaning.
Furthermore, the jurists did not only discuss how the statement of talak is uttered, they also discussed other aspects of it such as the valid conditions of mutalliq (a person that is uttering the talak). They discussed how the condition of the person uttering the talak, the purpose he said it; whether it is just as a lesson, narration or others. Hence, talak is stated as ikhbar or narration by Syeikh Wahbah al-Zuhaili:
يُشْتَرَطُ بِالاتِّفَاقِ القَصْدُ فِي الطَّلَاقِ: وَهُوَ إِرَادَةُ التَّلَفُّظِ بِهِ، وَلَا يُشْتَرَطُ فِي هَذَا الرُّكْنِ إِلَّا تَحْقِيْقَ المُرَادِ بِهِ، فَلَا يَقَعُ طَلَاقُ فَقِيهٍ يُكَرِّرُهُ، وَلَا طَلَاقُ حَاكٍ عَنْ نَفْسِهِ أَو غَيْرِهِ؛ لِأَنَّهُ لَمْ يَقْصِدْ مَعْنَاهُ، بَلْ قَصَدَ التَّعْلِيْمَ والحِكَايَةَ، ولَا طَلَاقُ أَعْجَمِيٍّ لُقِّنَ لَفْظَ الطَّلَاقِ بِلَا فَهْمٍ مِنْهُ لِمَعْنَاهُ. وَلا يَقَعُ طَلَاقُ مَرَّ بِلِسَانِ نَائِـمٍ أَوْ مَنْ زَالَ عَقْلُهُ بِسَبَبٍ لَمْ يَعْصِ بِهِ، وَيَلْغُو
“The ittifaq (agreement of scholars) is that for talak the condition is al-qasd (intention), which is the intention or wanting to utter it (words) of talak (with the meaning of wanting to divorce). Al-qasd is not a requisite, unless in determining the meaning of the talak uttered. Talak does not happen (not considered as divorced) when a faqih (someone who is knowledgeable in fiqh) repeats the words of talak, when someone is telling a story about talak (for he is just reiterating the talak of another person when telling the story) without any intention of talak, or uttering talak just as a lesson and (the person telling the story’s intention is to just convey the story.). Talak also does not happen when an ajam (non-Arab) said it without knowing its meaning, when someone is sleeping or mentally unconscious (not due to one’s own actions) without committing sins, then (the words of talak) is considered as foolish words (it is not considered as divorce).” Refer: al-Fiqh al-Islami wadillahtuhu (9/6886).
Regarding the issue of shaytan’s whispers that is experienced by the husband stated in the above question, we find that many people are tested by Allah SWT with these types of tests. These whispers or disturbances from the shaytan should not be taken lightly. Indeed, hearing whispers or in Arabic is stated as hadith al-Nafs. This is stated in the hadith from Abu Hurairah RA, where the Prophet PBUH said:
إِنَّ اللَّهَ تَجَاوَزَ لأُمَّتِي عَمَّا وَسْوَسَتْ أَوْ حَدَّثَتْ بِهِ أَنْفُسَهَا، مَا لَمْ تَعْمَلْ بِهِ أَوْ تَكَلَّمْ
"Allah forgives my followers those (evil deeds) their souls may whisper or suggest to them as long as they do not act (on it) or speak."
Sahih al-Bukhari (6664)
It is clear that whispers or voices heard will not have any effect as long as it is not act on or uttered.
Conclusion
According to the above discussion and evidences, in our opinion, talak does not happen for it is just a retelling of the husband’s experience. He does not mean it as an utterance of divorce but telling his experience.
To treat such problems related to whispers, one should always pray to Allah SWT by reciting the verses of the Quran to protect himself from the disturbances and whispers of shaytan in order to instil doubt in human hearts. Among the verses that could be recited is surah al-Nas where there are verses that ask for protection against doubts:
بِسْمِ اللَّـهِ الرَّحْمَـٰنِ الرَّحِيمِ
قُلْ أَعُوذُ بِرَبِّ النَّاسِ ﴿١﴾ مَلِكِ النَّاسِ ﴿٢﴾ إِلَـٰهِ النَّاسِ ﴿٣﴾ مِن شَرِّ الْوَسْوَاسِ الْخَنَّاسِ ﴿٤﴾ الَّذِي يُوَسْوِسُ فِي صُدُورِ النَّاسِ ﴿٥﴾مِنَ الْجِنَّةِ وَالنَّاسِ ﴿٦
Say, "I seek refuge in the Lord of mankind, The Sovereign of mankind. The God of mankind, From the evil of the retreating whisperer - Who whispers [evil] into the breasts of mankind - From among the jinn and mankind."
Surah al-Nas (1-6)
Furthermore, we also advise to recite following supplication:
رَبَّنَا هَبْ لَنَا مِنْ أَزْوَاجِنَا وَذُرِّيَّاتِنَا قُرَّةَ أَعْيُنٍ وَاجْعَلْنَا لِلْمُتَّقِينَ إِمَامًا
"Our Lord, grant us from among our wives and offspring comfort to our eyes and make us an example for the righteous."
Surah al-Furqan (74)
اللَّهُمَّ إِنِّي أَسْأَلُكَ خَيْرَهَا وَخَيْرَ مَا فِيهَا وَخَيْرَ مَا أُرْسِلَتْ بِهِ، وَأَعُوذُ بِكَ مِنْ شَرِّهَا وَشَرِّ مَا فِيهَا وَشَرِّ مَا أُرْسِلَتْ بِهِ
‘O Allah, indeed, I ask You for its good, the good of what is in it, and the good of what it has been sent with. And I seek refuge in You from its evil, the evil of what is in it, and the evil of what it has been sent with.”
Sahih Muslim (899)
May Allah SWT give us the right understanding in everything that He has sanctioned. Amin.