The ruling on talaq by the words “Take your mahr”

Question

A man, after quarrelling with his wife, said: “تو اپنا مہر لے لے” (“Take your mahr”). The woman said: “I will not take the mahr; what is my fault in this? Come, eat your meal.” The man said: “I will not eat.” Meanwhile some people came, took hold of him, brought him to the house and fed him, and then the two of them were reconciled with each other. Has talaq occurred by this or not?

Answer

If only these words were said, and no other word was said by which talaq could take effect, then according to the Shari‘a no talaq has taken effect by saying the words mentioned in the question, because they are neither explicit (sarih) nor allusive (kinaya).

Source: Fatawa Mahmudiyya

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