“I gave it long ago” in reply to “Give her talaq”

Question

Zayd’s wife quarrelled and went off to her parents’ home a long time ago, and because of this Zayd remains dejected. Zayd has also stated two or three times that he would pronounce talaq. Once Zayd came to his friend ‘Umar. Seeing Zayd distressed, ‘Umar said, “Look, if you are this distressed, then pronounce talaq on your wife.” Zayd said, “I gave it long ago” (کب کی دیدی ہے). ‘Umar checked him: “If you say such words, she will become divorced; I will look into it.

Answer

Even by this (false) admission of Zayd a revocable (raj‘i) talaq has taken effect. Before three menstrual periods pass, he has the right to take her back (ruju‘): let him say in front of ‘Umar and others, “I have taken back my talaq.

Source: Fatawa Mahmudiyya

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