Repeated Talaq During the ‘Idda

Question

About four months ago Zayd, in a state of anger and during a quarrel over household matters, said these words twice to his wife Hinda: “میں تجھ کو طلاق وآزاد کر چکا ہوں” (“I have already given you talaq and set you free”). After this Zayd confirmed these words before one or two people; yet to this day Hinda is present in Zayd’s house, and marital relations continue between the two parties. Had talaq taken effect upon the said Hinda or not? If it had, what is the way to restore the relationship?

Answer

The word “آزاد کر چکا” (“have already set free”) is equivalent to an explicit (sarih) expression: a revocable (raj‘i) talaq takes effect by it; and by the word “talaq” too a revocable one takes effect. Having pronounced talaq twice, (the husband) has the right of taking back (ruju‘) within the ‘idda.

Source: Fatawa Mahmudiyya

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