Talaq by the words “(I have) nothing to do (with her)”

Question

There is a man named ‘Abbas. ‘Abbas married his sister off elsewhere, although her husband (‘Abbas’s brother-in-law) had not divorced her; yet even so this undivorced woman was married off elsewhere. Because of this ‘Abbas’s wife became angry with her husband: since you commit such fornication, I will not stay at your place. So an estrangement came about, and the wife went to her father. Then ‘Abbas wanted to call his wife back, but she is not willing to come.

Answer

If ‘Abbas said the mentioned words with the intention of talaq, then one irrevocable (ba’in) talaq has taken effect; with the passing of three menstrual periods after the talaq her ‘idda has also ended, and she has acquired the right to marry elsewhere.

Source: Fatawa Mahmudiyya

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