الإفتاء

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The wife need not know of the talaq or of the taking back (ruju‘)

Question

Question: A man pronounced talaq upon his wife, and the wife does not know of it. In this case, will the ‘idda pass by itself, without the wife having an intention of observing the ‘idda, or not? Further, if the husband takes her back (ruju‘) on his own — intends it in his heart or says with his tongue, “I take her back” — and the wife, just as she does not know of the talaq, does not know of the taking back either, will the husband’s taking back be valid in this case or not?

Answer

If he pronounced talaq upon his wife and the wife does not know of it, even then the ‘idda will begin from the very moment of the talaq; the passing of the ‘idda does not depend on the woman’s knowledge: [ar]وَكَذَا تَنْقَضِي الْعِدَّةُ بِدُونِ الْعِلْمِ بِهِ…

Source: Fatawa Mahmudiyya

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