Talaq and the maintenance of children

Question

Question: A man separated his wife about four years ago and has uttered these words: “If I settle down with you, then let me settle down with my mother, sister.” He turned her out, and she came to her parents. During this same period two children also died, and although he lived in the city and knew of the event, he did not take part; he gave no food or maintenance of any kind and never called her, either through someone or himself. In such a situation, can the woman contract another nikah or not?

Answer

That man, having given his wife talaq, has cut off relations with her; so after the ‘idda it is permissible for this woman to marry elsewhere. Her ‘idda is three menses, that is, once three menses have passed after the talaq, a second nikah is valid according to the Shari‘a. The food and maintenance of the children is wajib upon this man.

Source: Fatawa Mahmudiyya

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