Home » Hanafi Fiqh » Darulifta-Deoband.com » My question is, if the husband wrote in a paper that “I am giving authority of talaq to my wife” and signs it and gives his wife then will the wife have the right of talaq for always? If she gets the right, how many talaq can she issue? Here, the husband did not mention any time period or the number of talaq. When asked, the husband sometimes says he meant to give right of all talaqs, sometimes he says he did not have any number or time period in his mind. So he is not sure what was going on his mind while writing this. My question is, if the wife gets this written paper in hand and issues talaq to her husband (not upon herself), she says that” I give you 3 talaq” to her husband. Then will talaq take place and how many will take place?

My question is, if the husband wrote in a paper that “I am giving authority of talaq to my wife” and signs it and gives his wife then will the wife have the right of talaq for always? If she gets the right, how many talaq can she issue? Here, the husband did not mention any time period or the number of talaq. When asked, the husband sometimes says he meant to give right of all talaqs, sometimes he says he did not have any number or time period in his mind. So he is not sure what was going on his mind while writing this. My question is, if the wife gets this written paper in hand and issues talaq to her husband (not upon herself), she says that” I give you 3 talaq” to her husband. Then will talaq take place and how many will take place?

My question is, if the husband wrote in a paper that “I am giving authority of talaq to my wife” and signs it and gives his wife then will the wife have the right of talaq for always? If she gets the right, how many talaq can she issue? Here, the husband did not mention any time period or the number of talaq. When asked, the husband sometimes says he meant to give right of all talaqs, sometimes he says he did not have any number or time period in his mind. So he is not sure what was going on his mind while writing this. My question is, if the wife gets this written paper in hand and issues talaq to her husband (not upon herself), she says that” I give you 3 talaq” to her husband. Then will talaq take place and how many will take place?

Answer

(Fatwa: 1246/B=226/TB=1433)

When the husband submitted the absolute authority of talaq then she can use this authority when she wishes, i.e. she can divorce herself by one, two or three talaqs, and the talaq shall take place. When she would give talaq, she would give to herself not her husband, she would say: I gave one divorce to myself, or two talaqs, or three talaqs. So, as much talaq she would give that much talaq would take place.

Note: The answer is correct. If the wife gives talaq to husband then no talaq would take place on the wife.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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