The Ruling on Talaq by Signing a Written Document

Question

Zayd had some quarrel with his wife, after which the wife went to her parents’ home; later her family called Zayd to their house and took his signature on a document in which someone, in Zayd’s absence, had written three talaqs on Zayd’s behalf; at the time of drawing up the document Zayd read it: yes, three talaqs are written in it on my behalf. Has talaq taken effect, and if so, which talaq?

Answer

When the wife is present before him and the husband says nothing with his tongue, although he is able to give talaq orally — he is neither mute (akhras) nor one whose tongue is tied (mu‘taqil al-lisan) — and he writes a text of talaq or signs a written text, then talaq has not taken effect thereby.

Source: Fatawa Mahmudiyya

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