The ruling on the word “farigh-khatti” (a written release from marriage)

Question

Zayd and his wife had a quarrel. The wife began to leave the house, whereupon Zayd said: “اگر گھر سے نکل کر جائے تو میں تجھے فارغخطی دیدوں گا” (“If you go out of the house and leave, I will give you a written release from marriage”). Despite this, the wife left the house. The next day she came to her husband’s house. Zayd said: “You had gone — why have you come now?” At this the wife said: “ابھی تم نے فارغ خطی کہاں دی” (“But where have you given the written release from marriage yet?”)

Answer

By saying this with the intention of talaq, an irrevocable (ba’in) talaq has taken effect. After one irrevocable talaq a second irrevocable talaq does not take effect — this is stated explicitly in al-Durr al-Mukhtar. Therefore, with the consent of both parties, a renewed nikah will be valid, whether during the ‘idda or after it.

Source: Fatawa Mahmudiyya

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