Three talaqs written on a slip of paper that was burned or torn

Question

Zayd had a quarrel with his mother, because of which Zayd wrote “talaq” three times on a sheet of paper and gave it to his mother; the mother threw it into the burning stove. After a month or two Zayd requested a fatwa from Kanpur: “I have written talaq three times concerning my wife on a sheet of paper.” To this wording the answer came from Kanpur that talaq had already taken place. When Zayd’s father-in-law learned of this, he came to take the girl.

Answer

Zayd has admitted: “Father, I have made a mistake, I have already given talaq,” and in this there is no “I will give talaq.” On the other hand, the fatwa too has come stating that talaq has taken place; and there are Zayd’s father’s words: “Zayd has given talaq, I am thinking of having Zayd’s wife married to Zayd’s brother…” etc.

Source: Fatawa Mahmudiyya

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