Divorcing a Wife of Bad Conduct

Question

Zayd turns out his wife, whose bad conduct has been proven, but does not give her talaq. In such a case, is it necessary for Zayd to give talaq or not? If that woman persists in her deed and Zayd has not given her talaq, is the sin of the woman’s deed upon Zayd or not?

Answer

In such a situation Zayd should restrain his wife from bad conduct and guard her. If even after that she does not desist, it is still not obligatory (wajib) upon Zayd to give talaq: [ar]لا يجب على الزوج تطليق الفاجرة[/ar] “It is not obligatory for the husband to divorce a dissolute (fajira) wife.” Nor is her sin upon Zayd. However, in this situation it is best (afdal)

Source: Fatawa Mahmudiyya

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