Talaq Attributed to One Part of the Wife’s Body

Question

A quarrel took place between Bakr and Zaynab. Zaynab said to Bakr: “If you abuse me, I will go to my parents’ home.” Bakr became very angry and said to Zaynab (who is the mother of a two-month-old child): “On your backside is talaq, is talaq; now go away, talaq has happened to you” (تیری گانڈ پر طلاق ہے طلاق ہے، اب چلی جا تجھ کو طلاق ہو گیا). At that, Zaynab, taking it to be talaq, separated from Bakr. When giving the talaq, Bakr did not appoint any witnesses. Is there any room for taking back (ruju‘) in this?

Answer

By the husband’s first words no talaq has occurred — they are meaningless (muhmal). The second word too, if he built it upon the first word itself and did not say it independently, then no talaq has occurred by it either. If he said this second word (“is talaq”, طلاق ہے) independently, then one revocable (raj‘i) talaq will occur by it.

Source: Fatawa Mahmudiyya

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