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Three Talaqs

Last updated: 18th June 2023
Question ID: #8756
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Husband gave Talaq, Talaq, Talaq in anger. And then said if you stay, you can stay in haram or go to your brother's house. [A little context]; Before saying the Talaqs, he took his wife's phone off her and threw it on the floor three times and broke it because she was not listening to his instructions, the wife was on the phone to their daughter. The husband told his wife to say something to their daughter, and the wife said she was going to convey the message anyway, but the husband couldn't wait and was rushing her, he repeated to his wife three times, and he was angered... About 5 hours later, the husband confirmed to his son he knew what he said, stating phrases such as ''it's finished'' By now he was cool and calm, had cooked a dish, and was eating, indicating he confirmed the talaq in a calm and collected rapport. however, upon being questioned 72hrs hours (after the talaq was given), he said he didn't know what he was saying, he said he didn't have control of what he said at the time... [Further information]; the marriage has been toxic for many years and the wife is being abused verbally and physically all day every day. For the last 6-7 months, this abuse has intensified due to other family issues which the wife is being blamed for because the husband feels she is not having the same opinion or level of concern as him. He said (to his children) 'Your mum knows I didn't mean it'. Also, he is always saying that he hates her and can't stand people like her and she's not my type of woman.



بسم الله الرحمن الرحيم

الجواب حامداومصليا

When a husband utters Talaq in the state of extreme anger but it does not reach insanity and he was aware of what he was saying then Talaq will occur.

In the case scenario, you state when he came back to his normal state he realised what he said I.e. he said to his son “it’s finished”. According to the above ruling in such a case Talaq will take place.

Later on he denies this saying he didn’t know what he was saying and had no control….

Furthermore, I advise that your husband present this case to his local Mufti to obtain a ruling. When presenting this case he should fear Allah and be honest.

الثالث أن يكون الغضب وسطا بين الحالتين بأن يشتد ويخرج عن عادته ولكن لا يكون كالمجنون الذي لايقصد ما يقول ولا يعلمه والجمهور علي أن القسم الثالث يقع به الطلاق
(كتاب الفقه علي المذاهب الاربعة ٤/٢٩٤)


And Allah knows best

3 Dhul Hijja 1444/ 23 June 2023

Mufti
Answer last updated on:
22nd June 2023
Answered by:
Ulamaa ID 04
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Location: London