Written Talaq with an Allusive Expression

Question

Question: An elderly hafiz from Peshawar, suffering from a venereal disease and residing in Dhaka, married a young woman of tender age from Silchar, and several years passed in this marriage. During this time the respected Hafiz kept seeking treatment to be rid of his chronic illness, but the illness did not go away. At last, compelled and worn out by the illness, despairing of recovery and helpless, the respected Hafiz set out for the Hajj to the House of Allah.

Answer

The words “this servant (i.e. I) sets you free” are, in our custom (‘urf), equivalent to an explicit (sarih) expression; therefore one revocable (raj‘i) talaq takes effect by them without intention (niyya). (Where the custom is otherwise, this ruling will not apply; rather the talaq will depend on intention: without intention it will not take effect, and with intention an…

Source: Fatawa Mahmudiyya

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