The Ruling on Talaq by the Words “Go Away from Our House”

Question

Question: Zayd said to his wife: «تم ہمارے گھر سے چلی جاؤ» (“Go away from our house”), and this wife of Zayd, at her husband’s word, went to her parents’ house. About ten or eleven years have passed since then. Has this talaq taken effect or not? If it has, which kind — since Zayd did not call his wife back at all during the said period? And if talaq has not occurred, what is the reason?

Answer

The said expression is one of the allusive (kinaya) expressions of talaq. Hence, if this expression was said with the intention (niyya) of talaq, then according to the Shari‘a one irrevocable (ba’in) talaq has taken effect; and if this expression was not said with the intention of talaq, then talaq has not taken effect.

Source: Fatawa Mahmudiyya

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