Islam Question and Answer - He said to his wife during an argument: This is a separation between me and you

He said to his wife during an argument: This is a separation between me and you

If my husband said to me during an argument, “This is a separation between you and me,” but he says that he did not intend to divorce me, has divorce taken place?.

 

Praise be to Allaah.

Firstly: 

Phrases
implying divorce may be explicit, which are usually used only in the case of
divorce, or implicit, which are used in the case of divorce and other
cases. 

In the first
case – explicit – divorce takes place even if it was not intended. 

In the
second case – implicit – according to the majority of Hanafis, Shaafa’is and
Hanbalis, divorce does not take place unless there is the intention of
divorce, or there is further evidence that what is intended is divorce, such
as when it is done in the case of anger or there being an argument, or if
the wife asks for a divorce. In that case divorce takes place even if he did
not intend it. Basing the ruling on further evidence to suggest that which
is intended is divorce is the view of the Hanafis and Hanbalis. See
al-Mawsoo’ah al-Fiqhiyyah (29/26).  

Shaykh Ibn
‘Uthaymeen (may Allaah have mercy on him) favoured the view that implicit
phrases did not count as divorce unless that was the intention, even if that
was in the case of anger, argument or the wife asking for a divorce. 

See:
al-Sharh al-Mumti’ (5/472-473). 

Explicit
phrases means using the word of talaaq (divorce) or phrases derived from
this word.  

Implicit
phrases include such things as saying: Go and stay with your family, or I do
not want you, or I have no need of you, or Allaah is giving you a break from
me. 

And there
are phrases concerning which there is a difference of opinion as to whether
they are explicit or implicit. This includes the word firaaq (separation).
The view of the majority is that this is an implicit phrase. The view of the
Shaafa’is and some of the Hanbalis is that it is an explicit phrase. The
more correct view is that of the majority, and this is the view favoured by
Ibn Qudaamah (may Allaah have mercy on him) among the Hanbalis, because: 

although the
word firaaq (separation) is mentioned in the Qur’aan in the sense of
separation between spouses, it is also mentioned as meaning other things.
Allaah says:  

“And hold
fast, all of you together, to the Rope of Allaah (i.e. this Qur’aan), and be
not divided among yourselves [wa la tafarraqu]”

[Aal
‘Imraan 3:103] 

“And the
people of the Scripture (Jews and Christians) differed not [wa ma
tafarraqa]…”

[al-Bayyinah 98:4] 

People also
use the word frequently in senses other than divorce. End quote from
al-Mughni (7/294). 

To sum up:
Implicit phrases do not mean that divorce has taken place unless that was
the intention of the husband. 

Your
husband’s saying “This is a separation between me and you” is an implicit
phrase. Based on that, if your husband did not intend divorce thereby, then
divorce has not taken place. 

And Allaah
knows best.

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