Tafriq without notifying the husband a second time

Question

Question: Hinda’s nikah was contracted with Zayd, and the sending of the bride to her husband’s home also took place. Some time later some discord arose between husband and wife, as a result of which Hinda stayed at her parents’ home for five years: Zayd neither took her to his home, nor arranged her maintenance (nafaqa), nor fulfilled the marital rights. After five years had passed, Hinda’s father Bakr set up a community council under the patronage of a religious scholar (‘alim).

Answer

If at least three members were present at the sitting, and notice was sent to the husband: “Keep your wife as your wife, or give her a talaq and set her free; otherwise, if you do nothing by such-and-such a date, we will carry out tafriq,” and then by the fixed date the husband gave no answer, and the tafriq was carried out without notifying the husband a second time, then…

Source: Fatawa Mahmudiyya

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