Talaq Does Not Occur Through a Long Separation

Question

Zayd, because of the lack of harmony between her and Zahida Bi, who was Zayd’s first wife, separated his wife by nikah, Sa‘ida Bi, from the house, and she has been living a life of separation for about 25 years. Now that the first wife, Zahida Bi, has died, Zayd wishes to keep his second wife, Sa‘ida Bi, with him again — may he keep her? During these 25 years there was no conjugal life with Sa‘ida Bi, but meetings took place now and then.

Answer

Since talaq was not given, the nikah has not ended through living apart for so long; rather, it remains as before. Now let them live together and fulfil each other’s conjugal rights; by this the two of them will not be sinners in the Shari‘a.

Source: Fatawa Mahmudiyya

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