Talaq by the Words “Marry Whomever You Wish”

Question

Question: Zayd wrote a note so that his wife would soon be sent off to him, so that her parental family would hurry in sending her. In it he used certain sentences which some people call talaq and delegation of talaq (tafwid), and others call allusive (kinaya) talaq, although Zayd had no intention of any talaq. The sentences are as follows: (1) «تم دوسروں کے ساتھ رہنا چاہتی ہو تو میری طرف سے آزاد ہو، جس سے چاہو شادی کرلو» (“If you want to live with others, then from my side you are free; marry whomever you wish”)

Answer

If the woman desired to marry another, an irrevocable (ba’in) talaq will fall upon her; otherwise not. By sentences (2) and (3) neither delegation of talaq (tafwid) nor allusive talaq has occurred.

Source: Fatawa Mahmudiyya

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