Written Talaq with the Word “Free”

Question

A man wrote a letter; in his heart he had the thought that he had already given talaq, and in the text he wrote: “However much I admonished her, not one bit of it had any effect on her. Now I have willingly already freed her three times (تین دفعہ آزاد کر چکا ہوں); let her do as she pleases, no burden of hers will be upon me, nor does any obligation towards her remain upon me.” Has talaq now taken place by this or not? Kindly inform me of the answer to this question in brief. That is all.

Answer

If that man admits this writing, then according to the Shari‘a three talaqs have taken effect and the divorce has become major (mughallaza). Now it is not permissible to keep her without halala.

Source: Fatawa Mahmudiyya

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