Talaq by the Words “Send Her Wherever You Wish”

Question

Question: A girl was married, but after the bride’s departure to her husband’s home, her husband took the girl, went to her parents’ home and began living there. For a few days he was kept as a guest, but when a period of several months had passed, the girl’s parents said: “Brother, what comes of lying idle like this? One must also do something; after all, where is the money for expenses to come from?

Answer

If the husband said these words with the intention (niyya) of talaq, then one irrevocable (ba‘in) talaq has taken effect. Its ruling is that, with the mutual consent of both parties, a renewed nikah is permitted, whether they do it during the ‘idda or after the ‘idda; halala is not needed. If the girl does not consent, she may marry elsewhere after the ‘idda. Note (tanbih)

Source: Fatawa Mahmudiyya

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