Question

Ref. No. 1093

My wife left home with her Bhabi without informing me and she told my mother that she don’t want to stay with me. After waiting for long time I have sent Talaqnama to my wife on 29th Aug 2014 by Registry Post and it was received by her on 1st Sep 2014 at Office Address. It was intimated by her and her relative that why you have given her 3 Talaq, this explains that Talaqnama was received by them.

Talaqnama was signed by me and counter signed by my lawyer, in which I have pronounced 3 times Talaq to my wife.

Kindly suggest me if Talaq is imposed on my wife with effect from 29th Aug 2014 or 1st Sep 2014.

Answer 1

Ref. No. 1044 Alif

In the name of Allah the Most Gracious the Most Merciful

The answer to your question is as follows:

If there was no condition in Talaqnama that the Talaq will take place only when she would receive it then 3 Talaqs have taken place at the moment you wrote Talaqnama and Iddat started from same time. In this case it is not necessary for her to receive the Talaqnama. Since the Talaq is imposed on her, you are no longer husband and wife. Hence you must keep away from her and she has to complete her Iddat in seclusion. (Same is mentioned in Shami)

And Allah knows best

 

Darul Ifta

Darul Uloom Waqf Deoband