Relinquishing some marital rights by mutual consent of the spouses, and talaq

Question

Question: Zayd has married twice; from his first wife he has three children, and he wants to divorce her, but the wife insists that she cannot leave the children and go, and she wishes only for clothing and sustenance. Zayd provides her with food and maintenance, but is not inclined to (fulfil) the conjugal rights. Can she live in Zayd’s house after talaq? The father says: “If you give talaq, I will commit suicide.” In such a case should he give talaq or not? (2)

Answer

(1) If Zayd does not want to have conjugal relations and the like with his wife, his heart is not inclined, and for that reason he wants to give talaq; and the wife does not want to separate, does not demand conjugal relations and the like, and wants only clothing and maintenance; and Zayd is ready to give food and maintenance; and Zayd’s father is extremely displeased with…

Source: Fatawa Mahmudiyya

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