Halala Through a Murahiq (a Boy Near Puberty)

Question

Question: (1) A woman had been given three explicit (sarih) talaqs, and after her ‘idda ended she married a murahiq (a boy close to puberty) who was about 14 or 15 years old, and this murahiq, after cohabitation, in turn gave her three talaqs. Will the murahiq’s talaq take effect or not? For he has not yet reached the age of puberty. (2)

Answer

(1) The talaq of a minor does not take effect, even if he is a murahiq. Hence, in the case asked about, this murahiq’s talaq did not take effect: [ar]لا ينكح مطلقة بالثلاث حتى يطأها غيره ولو مراهقا الداني من البلوغ، نهر. ولا بد أن يطلقها بعد البلوغ لأن طلاقه غير واقع، در منتقى عن التاتارخانية[/ar] “(The former husband) may not marry a woman divorced by three (talaqs)

Source: Fatawa Mahmudiyya

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