Talaq Established by Witnesses to Admissions Made in Separate Sittings

Question

Muhammad Tayyib states: “I did not give talaq to Wasila Khatun.” Wasila Khatun’s statement at Muhammad Tayyib’s house was the same: “I was not given talaq.” But when she went to her own home — which is two miles away — and more than fifteen days had passed since she had gone to her parents, Wasila Khatun was asked, as needed, and she says: “Once Muhammad Tayyib came out of the small room and said to me: “میں نے طلاق دیدی” (‘I have given talaq’)

Answer

Just as talaq takes effect by pronouncing talaq, so too a ruling of talaq is given upon an admission of talaq. If there is no eyewitness, but the admission of talaq is established by the testimony of one man and two women, and they are reliable, then by their testimony too a proof recognised by the Shari‘a is obtained and a ruling of talaq will be given; and the ruling will be…

Source: Fatawa Mahmudiyya

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