Written Talaq with the Words “I Separate You from Marriage”

Question

“From Yunus to the respected Afruz Jahan Begum daughter of I‘jaz Ahmad. By this letter you are informed that, for a Shar‘i reason on your part, it is not possible for me and you to live as husband and wife. Therefore, by this letter I separate you from my marriage by means of an irrevocable (ba’in) talaq as of today’s date; from today the relationship of husband and wife no longer exists between me and you. Further, you are informed that I have deposited your mahr (dayn mahr)

Answer

If the husband acknowledges this writing and signed it after reading it or hearing it read, then an irrevocable (ba’in) talaq has taken effect. Its ruling is that if both are willing, a fresh nikah may be contracted — whether during the ‘idda or after the ‘idda; there is no need for halala.

Source: Fatawa Mahmudiyya

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