Fatwa: # 18333
Category: Divorce
Country: Saudi Arabia
Date: 18th October 2009

Title

Thank you so much Mufti sahib for your help in this matter discussed in "Fatwa # 18302 from Saudi Arabia ; Date: Wednesday, October 7th 2009", I would like to ask you one more confusion which is here:

Question

Thank you so much Mufti sahib for your help in this matter discussed in "Fatwa #  18302  from Saudi Arabia  ;  Date: Wednesday, October 7th 2009", I would like to ask you one more confusion which is here:

1. As you said One Divorce will take place If She ask question about that situation, After that if she ask 2nd time again, will the second Talaq will take place? or the condition of 1st will be terminated.
2. If she ask question in the future by mistake and I don;t reply then will the divorce take place?

As I read in your fatwa forum that in the conditional divorce, after completion of one talaq, make ruju, then the condition will be eliminated. WIll this rule apply here as well?
 
Kindly solve my anxioty, I will truly thankful to you.

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Question    I am in very tense situation. My wife started questioning about some events that occurred during her absence and this talk last for more than two years and never ending. She was never satisfied with my answer. One day when she asked again and I was so upset and I said "Ask today whatever you like, if you ask again in future then TALAQ".
in Urdu " Jo bhi poochna hai aaj pooch lo, warna ayenda poocha tu TALAQ"

I didn;t complete the sentence as soon I heard TALAQ. She didn't ask anything on that day thinking this way the condition will not met. My concern is

1. Since she didn't ask the question on that day, will the condition of divorce be eliminated?
2. If she ask same question in future, will the Divorce be in effect?
3. If Yes? will it be just one divorce or all three.

  Answer   

18302 : In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

 

At the outset, it is of utmost importance that a person thinks before he says anything. A word once uttered can never be recalled. Allah Ta’ala has given the right of divorce to men so that they may act responsibly.

 

1.       The divorce is suspended on your wife asking you regarding the incident in the future. Therefore, your wife not asking you on that day will be immaterial.

2.       If your wife asks you again in future regarding the incident, then one revocable divorce will take place.

3.       One divorce will take place.

 

The husband should sit and explain in detail to the wife what had taken place. This would save the wife from asking any further questions. The wife should exercise precaution not to ask regarding the events that had taken place.

 … 

And Allah knows best

Wassalaamu `alaykum

Ml. Ishaq E. Moosa,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

Answer

In the name of Allah, Most Gracious, Most Merciful


Assalaamu `alaykum waRahmatullahi Wabarakatuh

 

We advise that the spouses forgive and forget about what had happened and carry on with a happy married life. Persisting on this matter could lead to disastrous outcome. Instead of looking at ones faults, rather focus on all the other many good of the spouse. May Allah Ta’ala make it easy. Ameen.

 

 

  1. If the wife asks about what had happened one revocable divorce will take place. However, the condition would also come to an end. Therefore, if after that she has to ask again another talaq will not take place.

 

 

For example, if on the 01st Sha’ban the husband told his wife “if you ask again in future then talaq”.  On the 20th Sha’ban the wife asks regarding the incident. This will cause one talaq to take effect. If after this the wife asks again no talaq will take place as the condition is over.

 

 

مجمع الأنهر في شرح ملتقى الأبحر (ج 1 / ص 418)

(ففي جميعها) أي جميع الألفاظ (إذا وجد الشرط انتهت اليمين) لأنها غير مقتضية للعموم والتكرار لغة فبوجود الفعل مرة يتم الشرط وإذا تم وقع الحنث فلا يتصور الحنث مرة أخرى إلا بيمين أخرى أو بعموم تلك اليمين وليس فليس ..... (إلا في) كلمة (كلما فإنها تنتهي) اليمين فيها (بعد الثلاث) في الحرة والثنتين في الأمة

 

 

 

  1. Once the condition is found, divorce will take effect, irrespective of whether the wife said it intentionally or by mistake.

 

 

  1. The words stated in your query will cause one revocable divorce to take effect. Therefore, the husband could take his wife back during to iddah (waiting period) without performing a new nikah. If after the iddah the couple wishes to reconcile then a new nikah would be necessary on condition that this is not the third divorce. If this is the third divorce then the couple cannot reconcile unless the wife marries a third person and after having marital relations that person divorce her or he passes away.

 

The manner of making ruju’ is that the husband clearly says that I am taking my wife or he does any action which constitutes hurmah al-musaharah (that is he done any such action which takes place between the spouses. For example he touch her with lust or kissed her etc). It is mandoob that he informs his wife and also appoint two people as witness that he has made ruju’.

 

مجمع الأنهر في شرح ملتقى الأبحر (ج 1 / ص 432)

باب الرجعة

 

And Allah knows best

Wassalaamu `alaykum

Ml. Ishaq E. Moosa,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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