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Did Zahid and Khalidah’s talaq ba’in take place and is it valid?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Zahid (husband of two wives) said to Zenab (1st wife) “Maine aap ko ijazat de hai tum talaq do usko (Khalidah 2nd wife ko), you do it? Zenab said, “I will not take responsibility for your problem. You made this it. You divorce her (Khalidah)?
Zahid again said to Zenab “you divorce her and Zenab again refused, stating that she did not wish to be held responsible for such a sin. During this conversation Zenab made a phone call to Khalidah and the phone was left on. Zenab again prompted Zahid to divorce Khalidah. Zahid again told Zenab “I have given you permission to divorce Khalidah (2nd wife)? (maine aap ko ijaazat di hai). You do it? Zenab accepted this (dil se) and in a state of anger (dil se) pronounced the following words:
“Aap ko talaaq ho achaa! Sun rahee ho aap ko talaq ho! Aap ko teen sharat talaaq ho!” After this Khalidah switched her phone off. To explain this conversation, by saying “Aap ko talaq ho achaa! Zenab’s intention was Khalidah is divorced from Zahid according to his instructions. By stating “Aap ko teen sharat talaaq ho! Zenab’s intention was that Khalidah is divorced three times.
Zenab asked Zahid what type of talaq he had intended for Khalidah; to which his reply was that he had intended talaq ba’in, as it is sinful to issue all three talaqs at one time. Did the talaq ba’in between Zahid and Khalidah take place or is it invalid? If so what are the reasons? Please give a reply in as simple terms as possible as I am not very learned in terms of fiqh.

Answer

(Fatwa: 947/970/N=1433)

Zainab has only accepted the third taukil (authorization) of Zahid and did not accept the first and second taukil hence only third taukil shall be taken into consideration. And in third taukil Zainab has been declared as the wakil of general talaq without the explanation of talaq’s nature and number, so it shall be applicable only on one talaq rajai. Hence in the question mentioned above the word of talaq which Zainab said as wakil to her saukan Khalidah, it did not cause three talaq or talaq ba’in rather only one talaq rajai took place on Khalidah as Zahid did not make Zainab the wakil of three talaqs. And in clear word the intention of ba’in is not reliable.

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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