Talaq by the Words “I Separated Her from My Nikah”

Question

Question: A man, in his wife’s absence, said before his friends: «میں نے اپنی بیوی کو اپنے نکاح سے الگ کر دی» (“I have separated my wife from my nikah”). This man said these words twice. Does an irrevocable (ba‘in) talaq take effect by these sentences? And can the parties, by mutual consent, renew the nikah within the ‘idda or after the ‘idda, or not? If they do, is this nikah valid according to the Shari‘a or not?

Answer

If he said this with the intention of talaq, an irrevocable (ba‘in) talaq has taken effect by it, and if both consent, a second nikah is valid according to the Shari‘a; halala is not required.

Source: Fatawa Mahmudiyya

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