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did nikah without witnesses and gave talaq unintentionally. can remarriage occur without halala

Last updated: 6th December 2019
Question ID: #4336
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Sohaib Khan
6th December 2019

 
answer required in hanafi fiq: sir, first of all I istighfar in front of Allah and a tobah that I wont do any disobedience to Him. kindly help me out this time and i will always obey Him. i am in extreme depression since many days and cant ask question openly. my question is that I once on phone with a girl did Ijab-o-qabool. there were no witnesses on her side neither on my side. only two of us were there. then after some days i dont know why but i told her "i free you" as far as i can recall my intention i think i knew from the very first day that that nikah was not done but for her comfort i did that but later somehow i used this word of "freeing" her and i think at that time "talaq" was not in my mind. i just said this word "free" to end this friendship relation as her family did not agree. but later i realize that maybe nikah has been done and this "free" may mean talaq and now what will happen if her parents agree for our marriage? can i marry her without any halala? some hanafis say that without witnesses, the marriage is fasid or irregular or defective and can be cured and in this case if divorce takes place then there is no iddat. i also need answer in the light of hanafi fiq that in this specific circumstance what will be the ruling. can i marry the girl now publicly with her wali and witnesses or due to my stupidity of using word "free" and doing that nikah without witnesses i lost her without having her. was nikah in this case fasid or batil? in books it is written that without witnesses it is fasid so what do they exactly mean if not this case. kindly respond i am in extreme depression.



Answer

بسم الله الرحمن الرحيم


الجواب حامداومصليا

The marriage is Batil (invalid) without witnesses. So Talaq will not occur.

وقوع الطلاق فرع صحة النكاح قال في الدرالمختار وشرط حضورشاهدين الخ سامعين قولهما معا على الأصح 

(الدرالمختارمع ردالمحتار ج.2 ص.352 كتاب النكاح. سعيد)

(Fatawaa Darul Uloom Deoband V.5 Pg.76)


And Allah knows best

14 ٍRabi'ath Thaniya 1441/ 12 December 2019


Mufti
Answer last updated on:
12th December 2019
Answered by:
Ulamaa ID 04
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