“I Have Given Talaq, My God Has Given Talaq”

Question

Zayd, in a calm state, used these words to his wife: “It is not within my power to keep you; I have given talaq, my God has given” (میرے بس کا تجھ کو رکھنا نہیں ہے، میں نے طلاق دی، میرے خدا نے دی). He said this sentence 6/7 — six or seven — times. He said this sentence on an occasion when several people were present there; indeed, those people said to Zayd: “Do not give your wife talaq; give her bread and clothing.” To this Zayd said: “I do not want to keep her.

Answer

In the case asked about, according to the Shari‘a a major (mughallaza) divorce has taken effect: no right of taking back (ruju‘) remains, nor is a renewed nikah valid until halala has taken place. This ruling applies if intercourse or valid seclusion (khalwa sahiha) has already taken place. If it never came to intercourse or valid seclusion, then only one irrevocable (ba’in)

Source: Fatawa Mahmudiyya

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