Talaq by the Words “Go, I Have Settled the Quarrel”

Question

Question: A dispute arose between Zayd and his wife, and in anger the wife said to her husband: «میرا جھگڑا صاف کر دو» (“Settle my quarrel”, literally “clear my quarrel”). The husband said: «جا میں نے جھگڑا صاف کر دیا، تو اپنے باپ کے یہاں چلی جا» (“Go, I have settled the quarrel; go off to your father’s”). He said this twice, and she got on with her work. The next day the woman’s parents took her to their home, but the woman kept saying that nothing had been said to her.

Answer

The expression the husband used is not an explicit (sarih) talaq. If he said it with the intention (niyya) of talaq, then one irrevocable (ba’in) talaq has occurred; whether he said it twice or three times, the ruling for all of it is the same. Talaq takes effect even in the state of pregnancy.

Source: Fatawa Mahmudiyya

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