Talaq by the Words “You Are Not to My Liking”

Question

Question: A man said these words to his wife: «میں اور شادی کروں گا، تم میری پسند نہیں ہو، تم کو نہیں رکھتا، تمہارا باپ تم کو اور خصم کرادے» (“I will marry again; you are not to my liking; I do not keep you; let your father get you another husband”). And at the same time, during a quarrel, after they had beaten each other, he sent her with his younger brother to her father’s house. According to the noble Shari‘a, has an irrevocable (ba’in) talaq taken effect on this woman or not?

Answer

Among the said words there is no explicit (sarih) word of talaq, and in our custom (‘urf) none of them on its own is used for talaq even as an allusive (kinaya) expression. However, in the combination of the words there is certainly the possibility of talaq — especially in mentioning the third expression after the first two and then building the fourth upon it.

Source: Fatawa Mahmudiyya

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