Pushing One’s Wife into a Well Does Not Constitute Talaq

Question

Zayd came to his wife at his in-laws’ house. After three days he said to his wife: “I have an important matter to discuss with you in private; meet me at such-and-such a well.” Hinda went there; she had only just sat down when Zayd pushed his wife into the well and went away from there. Then people pulled her out, and she related what had happened. Now Hinda is not prepared to go to him, nor does Zayd give talaq.

Answer

Despite this cruel act of Zayd’s, the nikah has not ended; rather, the nikah remains. Now, if he neither takes her to live with him as his wife nor sets her free by giving talaq, then let a Shari‘a committee of at least three respected, religious Muslims be formed, in which a reliable scholar experienced in such affairs also takes part.

Source: Fatawa Mahmudiyya

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