“I have already freed her”, “I have already made it final”, “haram for me”, and the ruling on the testimony of a fasiq

Question

The witnesses state: “We said to the husband: why do you not settle your wife in your home, and why do you not give maintenance for the children? Answering the witnesses, he said: ‘میں عورت کو آزاد کر چکا ہوں، قطعی کر چکا ہوں، مجھ پر حرام ہے’ (‘I have already freed the woman, I have already made it final, haram for me’).” Now it needs to be ascertained whether these words are allusive (kinaya). Then they appeared to hear the decision of the inquiry.

Answer

This disagreement of the witnesses has no effect, because they are not testifying to words spoken at one and the same time; therefore the testimony cannot be rejected on account of this disagreement. (1) “عورت کو آزاد کر چکا ہوں” (“I have already freed the woman”) is, in our custom (‘urf), equivalent to explicit (sarih): by this word talaq occurs even without intention.

Source: Fatawa Mahmudiyya

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