A second nikah after talaq

Question

Question: Hinda states: “My husband is a gambler and a vagabond. He said to me three times: ‘میں تجھے آزاد کر چکا، میں تجھے آزاد کر چکا، میں تجھے آزاد کر چکا’ (‘I have set you free, I have set you free, I have set you free’), and then he left. A period of one year has passed; I have two children, and there is no means for my maintenance (nafaqa). May I now contract a second nikah or not?”

Answer

If the husband, having said this, cut off ties and has ended his marital right, then there is not even any need for testimony. Within one year three menstrual periods (hayd) will have passed; a second nikah is permitted.

Source: Fatawa Mahmudiyya

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