Written divorce
Category:
Marriage & Divorce
According to Madhhab:
Hanafi
Reference:
1440-126
Question:
1. A person writes out 3 divorces to his wife and then intends to hand over the written Talaaq to her. However, before handing the letter over to her, the 2 of them reconcile. The wife finds the letter under the vehicle after a few days. Does the Talaaq fall? When is the Talaaq effective?
2. If divorce is written in clear words of divorce, does a Talaaq Raj'ie take place? What is the status of a written divorce?
3. A man tells his wife, "If you give my son my money then you are divorced". The son acknowledges that this is what his father said to his mother. The wife says that she thinks that her husband said, "If you give him a single cent then you are divorced". She gave her son money from her personal wealth. Does divorce take place? Whose word is taken in the above scenario?
Answer:
1. If the Ṭalāq was written in the absence of the wife, it came into effect from the moment it was written. (Fathul Qadeer Vol. 3 Pg. 403)
2. If the divorce was written in clear words of divorce, a Ṭalāq Raj'ī will fall. A written divorce will be similar to a verbal divorce, as it will depend on the type of word used. (Fataawa Darul Uloom Deoband Vol 10 Pg. 102)
3. In this scenario, as the husband is certain of what he said unlike the wife, the husband’s word will be taken and there will be no Ṭalāq. However, if the wife gave her husband’s money which she had by her, one Ṭalāq Raj'ī will fall. (Al'Ashbaah Vol. 1 Pg. 183)
AND ALLAH TA'AALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST
ANSWERED BY: Sohel Randera
CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B.
Islamic Date:14 Rabi'ul Awwal 1440 - English Date: 22 November 2018