The Talaq of a Man of Disordered Mind

Question

Aisha was married to Khalid at a time when nothing at all was known about Khalid as to what his condition was mentally and psychologically. But after the marriage contract, day by day (?) various reports kept coming in, and it turned out that Khalid had left his home, household and village and begun to live a life like that of nomads: like a madman, he began to regard the open field as his homeland and every wilderness as his dwelling.

Answer

Despite these circumstances, if Khalid understood the purport of talaq and wrote the talaq at people’s urging without force or coercion (jabr wa ikrah), then a major (mughallaza) divorce has taken effect. Now neither does the right of taking back (ruju‘) remain, nor can a renewed nikah be valid without halala.

Source: Fatawa Mahmudiyya

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