Marrying the Wife of a Murahiq After His Talaq

Question

After a murahiq (a boy approaching puberty) gave talaq and the ‘idda had passed, a mulla, out of some worldly greed, married his wife off elsewhere. Has that mulla, for this reason, left Islam and become a kafir — and a kafir of such a kind that his repentance is not accepted? And have all those who were present at that nikah gathering become kafirs or not, and have their marriages broken or not? A certain mufti insists on this very strongly.

Answer

The talaq of a murahiq does not take effect according to the Shari‘a: [ar]لَا يَقَعُ طَلَاقُ الْمَوْلَى عَلَى امْرَأَةِ عَبْدِهِ وَالْمَجْنُونِ وَالصَّبِيِّ وَلَوْ مُرَاهِقًا[/ar] “The talaq of a master upon the wife of his slave does not take effect, nor that of the insane, nor that of a boy, even if he is a murahiq” (al-Durr al-Mukhtar).

Source: Fatawa Mahmudiyya

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