A Wife Giving Talaq to Her Husband

Question

A man gave talaq to his wife; after intimacy, a disagreement arose between husband and wife over something. The wife answered her husband: “اگر تو اب آئندہ مجھ سے صحبت کرے گا، حرام کاری کرے گا” (“If you now have intimacy with me in future, you will be committing fornication”), that is, your future intimacy will be fornication. Kindly write the answer with references to books.

Answer

Nothing results from what the woman says; the right to give talaq belongs to the man: [ar]ومحله المنكوحة، وأهله زوج عاقل بالغ مستيقظ اهـ[/ar] “Its object is the wife by nikah, and the one competent for it is a husband who is sane, adult and awake” (al-Durr al-Mukhtar, vol. 2, p. 645).

Source: Fatawa Mahmudiyya

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