A Talaq Document Without a Signature

Question

Rahimuddin has a daughter, Safiyya. Rahimuddin married his daughter Safiyya to Karim, son of Bakr. A few days later a quarrel arose between Safiyya and Karim, on account of which Rahimuddin brought Safiyya home. A few days after that Rahimuddin brought a divorce deed and said, “I have brought Safiyya’s divorce deed.” “Every soul shall taste death” (كُلُّ نَفْسٍ ذَآئِقَةُ ٱلْمَوْتِ) — Rahimuddin passed away.

Answer

According to this document, talaq has not taken effect in the Shari‘a: [ar]كل كتاب لم يكتبه بخطه ولم يمله بنفسه لا يقع الطلاق ما لم يقر أنه كتابه[/ar] “Any letter that he did not write in his own hand and did not dictate himself — talaq does not take effect by it unless he admits that it is his letter” (“Radd al-Muhtar,” vol. 2, p. 589, Egyptian edition).

Source: Fatawa Mahmudiyya

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