الإفتاء

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Making talaq conditional on vagrancy

Question

Details of the deed of acknowledgement. Hafiz ‘Abd al-Wahhab states that Barkhurdar one day came to my house with some sweets and clothing for his wife, when my wife, having taken leave, had come to her parental home. They also say that Barkhurdar, that is, my daughter’s husband, one day even came with a knife to strike my eldest son Barakatullah. But Barkhurdar admits only the first incident, that is, bringing the sweets and clothing, and denies the second, that is, the incident with the knife.

Answer

Taking sweets and clothing to one’s wife is, in the Shari‘a, neither a fault nor vagrancy; talaq will not occur merely because of this — it is not a breach of the deed of acknowledgement. And if he has caused his wife any kind of hardship, then after proof according to the Shari‘a the ruling will be applied to it.

Source: Fatawa Mahmudiyya

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