Seadet-i Ebediyye - Endless Bliss Sixth Fascicle

15 – TALÂQ (divorce) in ISLAM
Lexical meaning of talak is to ‘undo something tied’. It is used
in the sense of divorcing one’s wife. Hence, it means to undo the
tie of nikâh. Talâq takes place when a man says to his wife the
words dictated to induce dissolution of a marriage. As soon as a
man says one of these words, the divorce termed talâq-i-bâin takes
place. The talâq that takes place after the period of ’iddat is termed
talâq-i-rij’î. For a talâq to take place there should exist a nikâh that
is sahîh (valid). Talâq between a couple who have not been
married to each other via an Islamic (marriage contract termed)
nikâh is out of the question. It is not sahîh for a person who has
been married by way of a nikâh that is fâsid to give a talâq, (i.e. to
divorce his wife.) Durring the period of ’iddat of a woman who has
been given a talâq fewer than three times (by her husband),
whether the talâq has been rij’î or bâin, or during the time of ’iddat
in the aftermath of an event of dissolution (of marriage) that has
taken place upon an act of apostasy perpetrated by one of the
married couple, a talâq may be given again. Yet in an eternal talâq,
e.g. one that has taken place upon the woman’s kissing her stepson
lustfully, the talâq cannot be repeated. It is stated in Ni’met-iislâm:
“The moment a man with his wife with whom he has
performed a waty, (i.e. a conjugal act,) makes one of the sarîh
(explicit) statements used for a divorce, such as, ‘You be divorced
from me!’ or ‘I have divorced you!’ or ‘You have been divorced
from me,’ even if he says so as a joke or by mistake, or, supposing
she is not with him, when he sends such statements by writing a
letter or sending a deputy to her, even if he does not know what his
statement means, a talâq-i-rij’î has taken place. When he makes a
statement that is used in situations other than talâq as well, but
which he has uttered with the intention of divorcing his wife, for
instance when he makes one of these statements: ‘Go to your
father’s home!’ and ‘Go away from me and attain your wish!’ and
‘Cover yourself!’ and ‘Cover your head!’ and ‘You are free!’ and
‘Look for a husband for yourself!’ and ‘Go to Hell!’ and ‘You are
like a swine to me!’ and ‘I am not your husband!’ and ‘I am
separated from you!’ and ‘You are bâin from me!’; or when he
says, ‘You are harâm for me;’ a talâq-i-bâin will take place.
Statements of this sort, which are used in various meanings, are
called kinâya (allusion, hint, indirect statement). The word
‘divorce’ is sarîh (explicit). Words such as ‘leave’ and ‘abandon’
are kinâya; but they are sarîh theoretically since they are used
customarily to mean ‘divorce’. If a person says to his wife’s father,
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