Talaq by the Words “I Have Left”

Question

Question: To a question your honour wrote the answer that when a husband says to his wife, “Get out of my house, I have left you”, then in our custom (‘urf) talaq itself is meant by it; hence by saying so three times a major (mughallaza) divorce has occurred, and now to establish a marital relationship with her without halala is haram. Among us, the person who had used these, as above, several times has, without halala, remarried and established a marital relationship with that woman.

Answer

If the custom there is not what was written earlier in the fatwa, then there was no need for halala, and acting upon the fatwa from Saharanpur was correct. But if the custom was that very one, then this remarriage without halala is not valid. In summary: if by the words “I have left” giving talaq was intended in itself (asalatan), then the divorce has become major (mughallaza)

Source: Fatawa Mahmudiyya

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