Talaq by Signing a Divorce Deed

Question

Question: Has talaq taken effect for a certain Hinda in the following case: her father, at a community council of several Muslims, had a divorce deed with correct wording written and made her husband Zayd — an illiterate rustic unacquainted with religious rulings — put his thumbprint on it; and after the thumbprint had been put, Zayd said in that same gathering: “I know nothing of talaq or anything of the sort — what talaq?” — and not even once did Zayd utter the word “talaq” with his tongue.

Answer

If the husband did not know what was written in that paper, and signed it merely at the word of the wife’s father, and on learning of it said, “I know nothing of talaq or anything of the sort — what talaq?”, and did not pronounce talaq with his tongue, then according to the Shari‘a talaq has not taken effect.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.