Allusive (kinaya) talaq and zihar

Question

Question: Zayd wrote the following three letters on different occasions while Zayd’s wife (Khalida) was pregnant. The first letter came before the delivery, and after the delivery one letter was received by the full maternal uncle and one by Khalida. Then, on receiving the second letter, the full maternal uncle went to Zayd to find out the situation. On being questioned, (Zayd) said orally to the maternal uncle in the presence of his own full paternal uncle: «جو ہونا تھا، ہو گیا» (“What was to happen has happened”)

Answer

If the husband wrote this, and wrote it with the intention of talaq — as appears from the circumstantial indications (qara’in) — then an irrevocable (ba’in) talaq has taken effect; zihar has not occurred. If both parties are agreeable, they have the option of a renewed nikah; there is no need for halala.

Source: Fatawa Mahmudiyya

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