A Promise of Talaq Does Not Effect Talaq

Question

Zayd demanded to take his wife back from her parents’ home, but for some reason she was not willing to go with him. At this Zayd, as far as he remembers, said these words to his wife’s brother: “Among respectable people it is better to die or to give talaq than to go to litigation and take women to court. If the matter goes to court, then I too will prefer giving talaq to being dishonoured in this way.” And Zayd emphatically told her brother to deliver her by the 5th.

Answer

Even if the statement of the said woman’s brother is accepted, talaq has still not taken effect according to the Shari‘a, because his statement is: “If Zayd’s wife does not reach his house by the 5th, Zayd will write a divorce deed and send it,” and in this statement talaq was not given; rather, a promise of talaq was made, and a promise of talaq does not bring talaq into…

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.