Written Talaq in the Wife’s Presence and Remarriage

Question

Zayd, with the intention of talaq, wrote and gave his wife Hinda this writing: “Now I have no connection with you”. A certain religious scholar said that by this an irrevocable (ba’in) talaq has occurred and a renewed nikah is possible. That same religious scholar, with Hinda’s consent, performed Hinda’s nikah with Zayd in the presence of Zayd’s father, mother and sister. At this Hinda’s maternal uncle said that this nikah did not take place. Hinda has been an adult for some time already.

Answer

If talaq is given in writing in the wife’s presence and not spoken with the tongue, then talaq does not take effect at all. By writing and sending it in the wife’s absence, talaq does take effect. The second nikah was with the same person with whom the first nikah had been, and the girl is an adult; therefore the father’s permission is not required for the renewed nikah.

Source: Fatawa Mahmudiyya

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