Talaq Addressed to One’s Mother

Question

Zayd is ill. His mother cooked a vegetable dish and brought it to him. Since the dish did not suit his taste, he began to abuse his mother. His mother replied: “Call your wife Hasina, have her cook a good vegetable dish, and eat.” In reply to this Zayd said: “تجھ کو تین طلاق ہے” (“You have three talaqs”), that is, he attributed the talaq to his mother. With this attribution, will his wife be divorced or not? If so, give the answer with a reference to a book.

Answer

He neither addressed his wife, nor pointed towards her, nor named her, nor referred a pronoun to her — in short, he did not in any way attribute the talaq to his wife by nikah; rather, he gave talaq addressing a woman not married to him. Therefore, according to the Shari‘a, talaq will not take effect: [ar]ومحله المنكوحة.

Source: Fatawa Mahmudiyya

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