Marrying a Thrice-Divorced Woman without Halala

Question

Question: Zayd gives his wife talaq in several sittings with the following words: dragging his veiled wife by nikah out of the house where they live and putting her out of the door, he utters the words: [ar]یہ میری بیوی ہے، اس کو شرع محمدی کی رو سے ایک طلاق، اس کو شرع محمد کی رو سے دو طلاق، اس کو شرع محمدی کی رو سے تین طلاق[/ar] “This is my wife; to her, according to the Shari‘a of Muhammad, one talaq; to her, according to the Shari‘a of Muhammad, two talaqs; to her, according to the Shari‘a of Muhammad, three…

Answer

Answer of Faqih al-Umma ﵋ Acting in severe necessity, with specific conditions and in a specific situation (the details of all of which are set out in their proper place), is a later matter; first one must see whether this is even the madhhab of the Shafi‘is in the case asked about.

Source: Fatawa Mahmudiyya

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