If the husband said Talaq Baain and separated her from zaujiyat (marriage) to his wife?
In the name of Allah, the most Beneficent, the most Merciful.
Answer
Your question will be looked at under three sub sections.
The first section is that in Islam a verbal declaration of divorce is not necessary in determining the validity of a divorce.
Imam Kasani (RA) has said:
“Similarly issuing a divorce verbally is not a condition. Hence divorce will be effected with clear and unambiguous writing.” (Badai-al-Sanai P.100 v.3)
The second issue is that there are two types of writing divorce:
- Marsumah
- Ghair Marsumah
Marsuma is where the letter is addressed to his wife and Ghair Marsumah is where the letter is not written to his wife. Then Marsuma and Ghair Marsumah have two types: clear and understandable writing and unclear and unreadable writing. Example of the first one will be writing which is written on a piece of paper, wall or ground in a way which is understandable and examples of unclear writing will be writing in the air, on water or on something in a way that is not understandable or readable.
In a situation where the writing is unclear, divorce will not occur irrespective whether it is Marsumah or Ghair Marsumah or whether he made an intention or not.
In a situation where the writing is clear but it is not directed or written to his wife for example he typed the word ‘divorce’ or ‘Talaq’ then talaq will occur if he made an intention.
In a situation where the writing is clear and it is directed or referred to his wife for example he says ‘O Zainab! I have given you divorce,’ then talaq and divorce will occur irrespective of whether he makes an intention or not. (Fatawa Hindiyyah p.378 v.1)
From the aforementioned what we can derive is that written divorce or signing the divorce paper is considered valid and a divorce occurs. However, regarding your question, the signing of the divorce paper will not establish another divorce.
In your situation when you said one Talaq Bain one irrevocable divorce will occur. The second statement you said “separated her from my zaujiyat (marriage)” is an ambiguous word of divorce. Therefore, if you intended another divorce then two irrevocable divorces will occur. If you intended with that statement to emphasise the previous sentence, then only one irrevocable divorce will occur. (Mukhtasar Quduuri p.145)
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham.
