Giving the wife the right to issue talaaq

Q: If during nikah, a husband says that he is ready to give one divorce right to his wife verbally then is it effective? After giving this right, how many rights of giving divorce does the wife have? 

A: If the husband says to the wife "I give you the right to issue a talaaq" then since he did not specify the amount of talaaqs the wife can issue, the wife will have the right to issue one talaaq as long as she is in the same gathering. If she does not issue the talaaq in the same gathering and the gathering ends, she will lose the right of talaaq.

However, if the husband says "I give you the right to issue talaaq whenever you wish," then in this case the wife will have the right to issue the talaaq whenever she wishes whether in the same gathering or later on. Since the husband did not specify the amount of talaaqs the wife can issue, the wife will only have the right to issue one talaaq.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)