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My question regarding talaaq

Last updated: 23rd October 2010
Question ID: #4133
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AA, I have a question regarding talaq. I have been for married for 3 month and am currently in a situation that a month ago my husband said that he in his anger had given me talaq 4 times, first time saying it 2 times and again two times two days later, meaning a total of 4 times. He believed that it should have been said three times in a row. I on the other hand I contradict that he never has given me talaq. He has only threatened to say the word. According to many scholars it is equal to talaq and that only halala is required if I want to re-marry my husband. I have on the other hand also read other statements where it says that no matter how many talaqs you give the once, that will only be count as 1. Additionally I have also read that each talaq must be given after each “iddat” time. I am therefore very confused even though we both want to be together we also want to assure that we do it the right way. They also emphasize if there is any confusion one must always follow what the Quran and our prophet has stated. With reference to the following: • Surah Al Baqarah, Ch. v.228-240 • Surah Al Talaaq Ch.65 v.1-7 • Surah Al Nisa Ch. 4 v. 35 And Sahih Muslim Vol. 2 Bk. Of Divorce Hadith no. 3491: Ibn 'Abbas (Allah be pleased with them) reported that the (pronouncement) of three divorces during the lifetime of Allah's Messenger (may peace be upon him) and that of Abu Bakr and two years of the caliphate of Umar (Allah be pleased with him) (was treated) as one. But Umar b. Khattab (Allah be pleased with him) said: Verily the people have begun to hasten in the matter in which they are required to observe respite. So if we had imposed this upon them, and he imposed it upon them. Based upon the above, I would appreciate an answer to my question. In case the answer is that divorce has taken place, please also answer why that contradicts with what the prophet has stated (Sahih Muslim Vol. 2 Bk. Of Divorce Hadith no. 3491), and if the divorce has not taken place please advice me what do I need to do to be with my husband again?



Bismillah



Al-jawab billahi at-taufeeq (the answer with Allah's guidance)





Divorce pronounced in anger will take place. If it is pronounced three times it will be counted as three divorce not one.



Please refer to this article, 'The Shar'i Ruling on Divorce Pronounced in Anger' By Hadhrat Mufti Farooq Sahib: http://www.muftisays.com/muftifarooq.php?viewpage=divorceinanger



Know, that Talaq is of three types: Hasan (proper), Ahsan (more appropriate) and Bidi' (innovative, not conforming to the Sunnah).



The Ahsan form of divorce is that a man divorce a woman with a single Talaq during her period of purity from menstruation during which he has not had intercourse with her. He then leaves her alone (does not cohabit with her) until she completes her waiting period (Iddah).



The Hasan form, which is also called Talaq Al-Sunnah, is that a woman whose marriage has been consummated be divorced with three Talaq in three periods of purity (one in each).



The Bidi' form is that he divorce her with three Talaq in a single statement or three Talaq in a single period of purity. If he does this, the divorce takes effect, but he has sinned.



(Al Hidayah, Chapter: Talaq Al-Sunnah (divorce conforming to the Sunnah)





The solution to this problem is that both husband and wife cannot remarry until a Shar'ee Halalah has taken place.



Please view this, Halalah: http://www.muftisays.com/qa.php?viewpage=viewQA&question=2668





Pronouncing three Talaqs, three Talaqs would take effect:



According to the Jamhur Ulamaas (majority of the scholars) if a person pronounced three divorces in a single statement then three divorces will occur and take effect immediately.



(Bukhari, chapter: whoever thinks it is permissible to divorce one’s wife thrice (at a time), depending on the statement of Allah Ta'ala: “The divorce is only (permissible) twice; after that either you retain her on reasonable terms or release her with kindness.”)



The above chapter of Bukhari states clearly that, according to Imam Bukhari (Rahmatullahi Alaih) saying three Talaqs, three Talaqs would take place, not two or one.



Hafiz ibn Hajar (Rahmatullahi Alaih) states, that the chapter means, by uttering three Talaqs in one sentence, three Talaqs will take effect. (Fathul-Bari, vol.9 pg.365).



Narrated 'Aisha (RadhiyAllahu Anha):



A man divorced his wife and she married another man who proved to be impotent and divorced her. She could not get her satisfaction from him, and after a while he divorced her. Then she came to the Prophet and said, "O Allah's Apostle! My first husband divorced me and then I married another man who entered upon me to consummate his marriage but he proved to be impotent and did not approach me except once during which he benefited nothing from me. Can I remarry my first husband in this case?" Allah's Apostle said, "It is unlawful to marry your first husband till the other husband consummates his marriage with you." (Bukhari, Volume 7, Book 63)



Narrated 'Aisha (RadhiyAllahu Anha):



The wife of Rifa'a Al-Qurazi came to Allah's Apostle and said, "O Allah's Apostle! Rifa'a divorced me irrevocably. After him I married 'Abdur-Rahman bin Az-Zubair Al-Qurazi who proved to be impotent." Allah's Apostle said to her, "Perhaps you want to return to Rifa'a? Nay (you cannot return to Rifa'a) until you and 'Abdur-Rahman consummate your marriage." (Bukhari, Volume 7, Book 63)



Now, with regards to the Hadith of Muslim, it is mentioned:



Ibn 'Abbas (Allah be pleased with them) reported that the (pronouncement) of three divorces during the lifetime of Allah's Messenger (may peace be upon him) and that of Abu Bakr and two years of the caliphate of Umar (Allah be pleased with him) (was treated) as one. But Umar b. Khattab (Allah be pleased with him) said: Verily the people have begun to hasten in the matter in which they are required to observe respite. So if we had imposed this upon them, and he imposed it upon them.



(Muslim, Book 9, Chapter: Pronouncement of three Divorces)



This Hadith states, that during the era of the Messenger (Sallallahu Alaihi Wasallam) and of Abu bakr (RadhiyAllahu Anhu) and in the first two years of Umar' (RadhiyAllahu Anhu) reign, people use to utter three Talaqs for emphasis, but their intentions was meant by one Talaq. This was accepted in the courts (Qadha'an).



Then Umar (RadhiyAllahu Anhu) disallowed this act, due to the people becoming morally corrupt. Un-islamic habits such as deceiving, cheating and lying, had become prevalent. As a solution Umar (RadhiyAllahu Anhu) declared that, people’s statements will not be accepted at face value by the courts.



However, If a man was adamant that he only repeated the words “Talaq” to emphasize rather than issue three divorces, then this will be admissible for what is between him and Allah Ta'ala (Diyanatan). Then Umar (RadhiyAllahu Anhu) informed the people that uttering three Talaqs, three Talaqs would take place. (Sharhun-Nawawi A’lal Muslim, vol.1 pg. 478, see also: Ahsanul fataawa Vol.5)



The difference between the three Talaq pronounced to a married woman whose marriage has been consummated or not consummated:



1. Talaq given to a married woman who hasn’t consummated with the husband:



If a man divorces his wife "thrice" prior to consummating his marriage with her, the repudiations will be effective against her.



If he separates the repudiations, the first is irrevocable, and the second and third will not take effect. This is the case where he says, "you are divorced, divorced, divorced." The reason is that each one of them takes effect independently..



(Al Hidayah, Chapter: Divorce prior to consummation)



Yahya related to me from Malik from Yahya ibn Said from Bukayr ibn Abdullah al-Ashajj from an-Numan ibn Abi Ayyash al Ansari from Ata ibn Yasar that a man came and asked Abdullah ibn Amr ibn al-As about a man who divorced his wife three times before he had intercourse with her. Ata said, "The divorce of the virgin is one. Abdullah ibn Amr ibn al-As said to me, 'You say one pronouncement separates her and three makes her Haram until

she has married another husband.' " (Muwatta imam malik Book 29, Number 29.14.38a)



2. Talaq given to a married woman who has consummated with the husband: in both situations i.e. whether three Talaq was pronounced in a single statement or he seperates the repudiations, three Talaqs would take effect.



A view from scholar:



Abul Barakat Majd ibn Taymmiah, the grandfather of ibn Taymiyyah (Alaihima Rahmah) after quoting approximately 12 narrations on the above issue in his book, (Muntaqul Ahbar), states:



All the narrations clearly prove that the Sahaba had consensus and were unanimous that three Talaqs would take place by uttering all three in one sentence. (Naylul Autar, vol.6 pg.243)



In conclusion, if a person pronounces three divorces in a single statement, then in the light of the above Hadiths and scholarly consensus (Ijma'), it will be regarded as three divorces and the marriage will terminate immediately.





And Only Allah Ta'ala Knows Best.


Mufti
Answer last updated on:
22nd November 2010
Answered by:
Ulamaa ID 04
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