Does talaaq automatically take place if the spouses did not consummate the marriage within 4 months?
Q: 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?
A: 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.
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