Ruling on the words “I have made the final decision”

Question

Question: Zayd quarrelled with his wife, and matters reached the point that Zayd’s wife went off to her parents’ home. The woman’s relatives sent word to the husband: “If Zayd is going to give his wife talaq, then rather than give it tomorrow, let him give it today.” At this Zayd, in intense rage and anger, sent back word: “Such a wife is of no use to me,” and many more quarrelsome words of this kind passed, and the matter became entangled.

Answer

In this entire account, no explicit (sarih) word of talaq from Zayd has been reported. If Zayd told the qadi, “Write a divorce deed for my wife,” then according to the Shari‘a talaq has taken effect, even if things never reached the point of a written divorce deed: [ar]ولو قال للكاتب: اكتب طلاق امرأتي، كان إقرارًا بالطلاق وإن لم يكتب[/ar] “If he said to the scribe, ‘Write the…

Source: Fatawa Mahmudiyya

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