Talaq through the Words “Write a Divorce Deed”

Question

Question: For some reason I beat my wife, and she went with her mother to her parents’ home. I went to fetch her, and she made some excuse. I went to the Department of Qada (the qadi’s office), related what had happened and said that I wanted to give talaq. The respected qadi said: “Deposit a fee of eleven rupees,” and, taking two witnesses, he gave me a divorce deed and said: “The talaq has taken place, go; and a copy of it will be given to your wife.” A few days later my wife came home.

Answer

If you said to the respected qadi: “I want to give talaq to my wife; write out and complete a divorce deed,” then the moment you said this, one revocable (raj‘i) talaq took effect, regardless of whether the divorce deed reached the wife and whether she received it or not. The ruling on such a talaq is that on the passing of the ‘idda (three menstrual periods)

Source: Fatawa Mahmudiyya

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