Darul Ifta, Darul Uloom Azaadville

A Written Divorce Which Was Only Read By The Wife At A Later Time

· 22 Rabiʻ II 1446 AH1 min readEnglish

Question

A person writes out three divorces to his wife and then intends to hand the written Talaaq over to her. However, before handing it over, the couple reconcile. The wife finds the letter under the vehicle a few days later. Does the Talaaq fall? When is the Talaaq effective?

Answer

If the Talaaq was written in the absence of the wife, it came into effect from the moment it was written.

References (Arabic / Urdu sources)

(رد الحتار، ٣: ٢٤٦، سعيد)

(بدائع الصنائع، ٣: ١٠٩، دار الحديث)

(فتح القدير، ٣: ٤٠٣، مكتبة رشيدية)

Approved by
Mufti Muhammed Saeed Motara Saheb D.B.
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Source: Darul Ifta, Darul Uloom Azaadville — https://www.iftadua.co.za/a-written-divorce-which-was-only-read-by-the-wife-at-a-later-time/12338/
Fatawa SA: https://fatawa.co.za/fatwa/azaadville-12338

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