Merely Staying Long at Her Parents' Home Does Not Constitute Talaq

Question

Zayd's first wife is chronically ill and cannot run the household properly; therefore Zayd, with the consent of his first wife, contracted a second nikah, since the first wife is childless. It was not possible to arrange for both wives to live in one house, so he left the first wife at her parents' house. Three years have passed from the second marriage until now, but Zayd has not had the opportunity to go to his first wife; therefore some people suspected that Zayd had pronounced talaq.

Answer

Since there is no proof of talaq and the husband denies talaq with full force, there is no reason to rule that talaq has occurred. The husband may call his wife, the wife may go to him, and the father-in-law may send her.

Source: Fatawa Mahmudiyya

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