Renewal of nikah after talaq

Question

Question: A man said to his wife with whom he had consummated the marriage: “میں نے تجھ کو طلاق بائن دی” (“I have given you an irrevocable (ba’in) talaq”). Has an irrevocable (ba’in) talaq or a revocable (raj‘i) one taken effect upon this woman? And may that same husband have intercourse with her without contracting nikah, or not? Also, does the nikah break immediately upon giving an irrevocable talaq, or after the ‘idda has passed?

Answer

In such a case the nikah broke immediately; an irrevocable (ba’in) talaq will take effect. Intercourse is not permissible without contracting nikah again.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.