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Triple talaq whilst not knowing wife is menstruating & pregnant

Last updated: 5th January 2007
Question ID: #3487
Short URL: http://qa.muftisays.com/?3487
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Imran
5th January 2007

 
Assalamulaikum

Will make this as brief as I can.

I have recently said talaq to my wife three times consecutively (without a gap) but was not fully aware of the consequences of the three talaqs which means she is haraam for me unless she marries somebody else, has sexual relation and then divorces him. I am feeling deeply remorseful for what I have done and sincerely want her back (and it has only been two days).

My parents also advised me of a divorce saying three times when they found out I was under the influence of black magic from a member of her family (not necessarily her parents but somebody from her side). My parents had made contact with various pious people to confirm I was under the influence of black magic. When I confronted my wife about this she denied she or her parents had anything to do with it.

Anyway back to my question at the time of the talaq I was completely unaware that my wife was pregnant and in the state of menstruation, had I known this fact I would never had divorced her. Please can you shed some light on this matter, whether talaq is valid when said three times whilst wife is in menstruation and myself not knowing the extent of the saying the three talaqs. I am deeply repenting for what I have done and want my marriage to continue.



Answer
Ulamaa
Ulamaa ID 03
Answer last updated on:
8th January 2007
Answered by:
Ulamaa ID 03
Website
Location: UK
In the Name of Allah, the Inspirer of Truth.
Assalamu Alaikum Warahmatullahi Wabarakatuh

The 3 divorces you issued to your wife in pregancy and the state of Haiz, are valid and effective. The divorces have taken place, and henceforce your marriage bond is broken, which is not revocable.

We will discuss the issues below:

Three talaaqs:
Please note that giving three divorces in one sitting verbally or in writing, is prohibited in Shari'ah, notwithstanding all three will become effective.

It is reported from Mahmood Ibn Labid that Rasulullah (Sallallaahu Alayhi Wasallam) was informed of a person who had given his wife three divorces at
once. Rasulullah (Sallallaahu Alayhi Wasallam) stood up in the state of
anger and said, 'Are you playing with the Aayats of Allah and His Kitaab whilst I am among you.' A person stood up and said, 'Oh Rasulullah! Should I not kill him?' (Mishkaat Vol2 p.284)

Three Talaaqs in one sitting
http://www.jamiat.org.za/ttalaaqs.html

Haidh and Talaaq:
Talaaq in the Menstruation is prohibited in Shariah, but on issuance thereof, is effective and has fallen. Apart from being a difficult and emotional time for women, another reason for it being reprehensible is because the Iddat is prolonged without need, heaping more difficulty on the poor woman.

Badaa'i states:
It is reported from Rasulullah Sallallahu Alaihe Wasallam that he said to Abdullah bin Umar when divorced his wife in the state of Haidh: "You have acted contrary to the Sunnah, in this is an elongation of the Iddat for her, and this is harmful for her". Page 1778 Vol 4
(The Complete System of Divorce - Mufti Abdul Jaleel Qasmi)

Talaaq and Pregnancy:

The divorce issued in preganancy is perfectly valid, effective and has fallen.

And those of your women as have passed the age of monthly courses, for them the 'Iddah (prescribed period), if you have doubts (about their periods), is three months, and for those who have no courses [(i.e. they are still immature) their 'Iddah (prescribed period) is three months likewise, except in case of death] . And for those who are pregnant (whether they are divorced or their husbands are dead), their 'Iddah (prescribed period) is until they deliver (their burdens), and whosoever fears All‚h and keeps his duty to Him, He will make his matter easy for him.
Al Qur'aan At Talaaq 4

And Allah knows Best
Wa Alaykumussalaam Wa Rahmatullahi Wa Barakatuh
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