“If I use such-and-such things of yours, then talaq upon you”

Question

Zayd, having sworn, said to his wife Hamida: “If I use such-and-such things of yours, or eat or drink them, then talaq upon you”. What is to be ascertained is this: is there any way for Zayd to use the things owned by Hamida, or eat and drink them, without talaq taking effect? Zayd deeply regrets his oath; he said it out of anger and now repents of what he did.

Answer

Let him eat, drink and use the things concerning which he swore — through this one revocable (raj‘i) talaq will take effect; then, before the ‘idda ends, let him take her back (ruju‘) from the talaq, that is, let him say: “I have taken back my talaq.” If, however, he swore by three talaqs, then this should be asked about again.

Source: Fatawa Mahmudiyya

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