Fatwa: # 34118
Category: Divorce (Talaaq)
Country: United Kingdom
Date: 22nd February 2019

Title

Issuing divorce and reconciling

Question

Asalamu Alaykum my brother

 

About two years ago i had a major disagreement with my wife and during that time i was so angry that i uttered the word 'i give you talaq' once after this we got back together we had a physical relation and everything was back to normal. Then a similiar event occured again when we had a very big argument in anger i said 'i give u talaq'. After a while we sorted out our differences and came back together and again we was physically active. Now recently we have decided we cannot be with eachother and i was in my right frame and i said i give u divorce i said it in english first then my wife said no say the word talaq and so i did. And now i have realised all my wrongs i treated her very badly and now she can not put up with me and wants to leave me and says that we can never get back together because our talaq was done ages ago and that we are haram for each other. 

 

We follow hanafi fiqh. Could you please tell me and clarify if our talaq is done because i heard if you say talaq and then take wife back and have physical relation with her then the talaq cancells out. 

 

Jaza'kallah 

Answer

 

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Beloved Brother,

You state, you issued your wife Talaaq on three occasions.

The three Talaaqs issued to your wife are valid and constitutes a Talaaq-e-Mughallazah (a permanently irrevocable divorce). Therefore, your marriage has terminated. You are no longer husband and wife. [1]

We advise you to make Tawbah and Istighfaar in abundance and make du’a to Allah Taa’la.

And Allah Ta’āla Knows Best

Muhammad I.V Patel

Student Darul Iftaa
Lusaka, Zambia

 

Checked and Approved by,
Mufti Ebrahim Desai.

 


 

الهداية في شرح بداية المبتدي (2/ 257) [1]

وإن كان الطلاق ثلاثا في الحرة أو ثنتين في الأمة لم تحل له حتى تنكح زوجا غيره نكاحا صحيحا ويدخل بها ثم يطلقها أو يموت عنها " والأصل فيه قوله تعالى: {فَإِنْ طَلَّقَهَا فَلا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنْكِحَ زَوْجاً غَيْرَهُ} [البقرة: 230]

 

الفتاوى الهندية - ط. دار الفكر (1/ 473)

وَإِنْ كان الطَّلَاقُ ثَلَاثًا في الْحُرَّةِ وَثِنْتَيْنِ في الْأَمَةِ لم تَحِلَّ له حتى تَنْكِحَ زَوْجًا غَيْرَهُ نِكَاحًا صَحِيحًا وَيَدْخُلَ بها ثُمَّ يُطَلِّقَهَا أو يَمُوتَ عنها كَذَا في الْهِدَايَةِ وَلَا فَرْقَ في ذلك بين كَوْنِ الْمُطَلَّقَةِ مَدْخُولًا بها أو غير مَدْخُولٍ بها كَذَا في فَتْحِ الْقَدِيرِ وَيُشْتَرَطُ أَنْ يَكُونَ الْإِيلَاجُ مُوجِبًا لِلْغُسْلِ وهو الْتِقَاءُ الْخِتَانَيْنِ هَكَذَا في الْعَيْنِيِّ شَرْحِ الْكَنْزِ أَمَّا الْإِنْزَالُ فَلَيْسَ بِشَرْطٍ لِلْإِحْلَالِ

 

 

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