The ruling on saying “you are my mother and I am your child”

Question

The said (girl) had her nikah and her sending-off to the husband’s home while she was a minor. For some time the said girl’s life went well. After some time her husband, named Shihab al-Din, while she was a minor and unfit for intercourse, desired intercourse and kept insisting on it; she kept refusing and turning away, because of which she had to endure severe beatings.

Answer

The said girl’s nikah was contracted by her father; therefore she does not have the option of puberty (khiyar al-bulugh). The husband did not give talaq in clear words; he only said one phrase: «تو میری ماں ہے اور میں تیری اولاد ہوں» (“you are my mother and I am your child”). By these words neither does talaq occur nor has the wife become unlawful (haram)

Source: Fatawa Mahmudiyya

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