If the wife sends word that she does not want to go to him, it is talaq

Question

Zayd kept beating his wife. One day he said in front of six men: “Let my wife write me a claim for the mahr, and I will write the talaq; indeed, I do not want to keep her.” Then he said: “If the (married) wife sends word that she does not want to go to him, then it is talaq.” In the presence of two Muslims the girl flatly refused to go to him, upon which he went away. When, and after what situation, should the wife marry a second time?

Answer

If the husband said: “If his wife says that she does not want to go to him, then it is talaq,” and in reply his wife said: “Tell him from me that I do not want to go to him,” then one revocable (raj‘i) talaq will take effect, and after three menstrual periods have passed following her saying this, she is permitted to marry elsewhere.

Source: Fatawa Mahmudiyya

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