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Validity divorce

Last updated: 22nd January 2025
Question ID: #11406
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Assalam alaikum, I am a Shia woman, married to a Sunni Hanafi man. Our marriage has always been troubled. I left his home and live in a separate house. Since I left we have tried to reconcile. During that time he has pronounced the word talaaq twice and took it back within 90 days. Then 6 months ago we had a fight at his house in the middle of the night. I wanted to leave and he said: if you leave, you have the third talaaq. He didn’t expect me to leave but I did. When he realized I was gone he panicked but found a source online that said that since the talaaq was conditional he could take back the condition and the talaaq would not be valid. I can not find any sources about conditional talaaq that applies to our situation. In my perspective he pronounced the talaaq three times, so I consider myself divorce. He however is convinced the talaaq is not valid and we are still marries. Therefore my question, are we divorced or not? Thank you in advance for answering my question. Kind regards, Israa Zaini



بسم الله الرحمن الرحيم

الجواب حامداومصليا

A conditional divorce cannot be canceled or undone by the husband merely taking his statement back.

In the case scenario, he had given you two Talaqs and one Talaq with a condition, as the condition was fulfilled Talaq will take place. So altogether three Talaqs has occurred and both of you will be Haram for each other unless the process of Halala is done.

NB. Halala, a woman marries another man, consummates the marriage and then gets divorced again or he passes away, in order to marry the former husband.

وان كان الطلاق ثلاثا في الحرة وثنتين في الأمة لم تحل له من بعد حتى تنكح زوجاغيره نكاحاصحيحا ويدخل بهاثم يطلقهاأويموت عنها
(الفتاوى العالمكيرية ج.1 ص.473 كتاب الطلاق باب الرجعة)

وإذا أضافه إلى الشرط وقع عقيب الشرط اتفاقا مثل أن يقول لامرأته: إن دخلت الدار فأنت طالق
الفتاوى الهندية، ١/ ٤٢٠)

And Allah knows best

25 Rajab 1446/ 25 January 2025

Mufti
Answer last updated on:
25th January 2025
Answered by:
Ulamaa ID 04
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