Talaaq on paper

Question ID: 
1981
ama***@yahoo.com asks:

Question

Assalaamoualaikoum..

my wife insisted that i gave her Talaaq on paper. I did write it and i did not mention the number of times. Frankly speaking I did not want to give her.I would like to know if we are still in Nikkah.She want to re marry someone.Previously she had left her home to live with someone else,but i did not grant her Talaaq. After 4 months i did try to reconcile with her. She agreed to return and now she want to marry the person. What should i do in that case? Badly need your help..

Very urgent

Answer

Wa alaikumus salaam warahmatullahi wabarakaatuh

If you wrote the talaaq in front of her without uttering it verbally then the talaaq is not valid. Therefore, she remains in your nikaah. You may try to get someone influential in the family or society to try to speak to her. If she is still adamant to marry the other person, then it is against the dignity of a man to keep a wife who does not want to stay in his nikah. It is best to give her 1 talaaq so that she may marry that person after her iddat in order to protect her from further sin.

However, if you wrote the word talaaq on paper in the absence of your wife without mentioning the number of talaaq , then only one talaq raj'ee (revokable divorce) has taken effect.

If the talaaq you have given has taken effect (as in the second case) and she has experienced 3 haiz then the marriage has ended. Thus, in order to reconcile with her, a new nikah is imperative. If the duration of 3 haiz did not lapse as yet since you have issued the talaaq then you may reconcile with her without the need of renewing the nikaah.

You may contact us for further details.