Written Talaq in Return for Waiving the Mahr

Question

After the tarawih prayer Zayd came home and lay down. Then Hinda brought the boy and laid him on Zayd’s bed. The boy began to cry and Zayd woke up. Zayd said to Hinda: “Look after the boy, he is bothering a great deal.” Zayd tried to quieten the boy, but the boy would not quieten. After this Zayd called Hinda and told her to take the boy away, saying: “He will not quieten.” At this Hinda said: “You will have to look after him.

Answer

If Zayd did not write the words he wrote in front of his wife, or, having written them, read them out to her, then a revocable (raj‘i) talaq has taken effect by them. Its ruling is that taking back (ruju‘) is permissible during the ‘idda, and after the ‘idda a renewed nikah is permissible with the consent of both parties. The ‘idda of a pregnant woman is until she gives birth.

Source: Fatawa Mahmudiyya

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