A husband lying about what he intended by a metaphor of divorce
13-8-2009 | IslamWeb
Question:
Salam Alaikum,one ulama told me if some one utterered words of metaphor and his intention was to divorce his wife and he hide it within him self without telling anybody,then they call him and ask him what did you mean by these words because it's not clear,then if say i did not mean divorce i only use it as a threat,,please my question is, did he commit any offence by hiding his intention and hope divorce has not yet count,,,,,,May Allah (S.W.T)REWARD YOU ALL.amin
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
The matter is as you mentioned that the metaphors of divorce do not lead to divorce without the intention of divorce. We have previously clarified that in Fataawa 90416, 90531 and 92649.
Therefore, it is impermissible for the husband to claim something different from what he really intended, since it is lying by which that husband commits a sin, let alone that it does not prevent divorce from taking place. What counts is his real intention and not what he told the scholar or the judge, and by no means would the Fatwa of a scholar or the judgment of a judge make lawful what is unlawful, or make unlawful what is lawful. It is narrated on the authority of Umm Salamah 
that the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said: “I am only a human being, and you (people) appeal to me to judge between you; and may be some one among you can present his case in a more eloquent and convincing manner than the other, and I give my judgment in his favor according to what I hear. Beware! If ever I give (by mistake) anyone something of his brother's right, then he should not take it as I have only given him a piece of Fire." [Al-Bukhari]
Allaah Knows best.