Question
The husband wrote down with intention that he gives one talaaq baain (the written agreement was drafted by a mufti with sareeh and clear words of talaaq baain) witnessed by a Maulana and signed by both the husband and wife, is this regarded as talaaq raji or baain as the words were clear?
Answer
The ruling with regards to a written Talaaq is that it will fall immediately after it is written out. However, if the husband writes out the Talaaq in the presence of his wife i.e. his wife is present in the same place and he has the ability to utter the words of Talaaq to her but does not do so, then in this particular case the written Talaaq will have no effect. Thus in your scenario if the wife was present, the Talaaq will not take effect and if the wife was absent at the time when the husband wrote out the Talaaq then the Talaaq will take effect and because the word Baa’in was mentioned clearly, it will be regarded as a Talaaq Baa’in.
Checked and Approved By:
Mufti Muhammed Saeed Motara Saheb D.B.
References
ولو قال أنت طالق بائن أو ألبتة أو أفحش الطلاق أو طلاق الشيطان أو البدعة أو أشد الطلاق أو كالجبل أو تطليقة شديدة أو عريضة أو طويلة فهي واحدة بائنة إن لم ينو ثلاثا
الفتاوى الهنديه ج١ ص ٣٧٦
البحر الرائق ج٣ ص ٢٨٧
فتاوی محمودیہ ج ۶۱۵۱۲