Does talaaq automatically take place if the spouses did not consummate the marriage within 4 months?
Question
One of my friends married 6 month ago. But she and her husband still not had intercourse between them. She doesn't know anything about it. Her husband also not trying to do anything. What can we do for her? How to take his feelings out? I heard if a husband and wife don't have intercourse upto 4 months, automatically it will be talaq. Is it true?
Answer
This is not true. By the husband and wife merely refraining from having relations, talaaq does not take place. The fuqaha have explained that if the husband takes an oath that he will not have relations with his wife for four months or more, then through refraining from relations, when four months elapses from the time he had taken the oath, an irrevocable talaaq will take place. However, in this case, since there was no oath taken, no talaaq has taken place between the both.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/33844
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-33844