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Does my Divorce count

Last updated: 27th October 2010
Question ID: #4134
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Salam-Alay-Kum, Sir, almost three months back my self and my wife we were staying alone in Bahrian just before ramadan we both had a big fight and that time she was in her monthly cycle infact the matter was out of hands and we beat each other and in anger she first gave Talaq to me by taking Allah as Gawah to which i have called her parents in India and inform the same and called my family as well and was talking to them during that time as well she was still shouting at me and using bad language and that time I was too at the highest level of my anger and really out of my mind which I never encountered in my life till date. While I was still on phone talking to my mummy and Bahbi and she abusing me in anger have said that I take you (bhabi) as gawah and divorce her (thrice) which I even doesn't recollect and my bhabi says I said it thrice. After 3 days she went to India and since then she is staying at her house and not at my house and both of us are not in physical contact since then but we talk once in a while. but since that day have not talked abt divorce at all nor she remembers the incident as she has not inform her parents about it as well. My question to you sir is does my Talaq counts or not under this conditions. as I am confused have ref to the Sahi Bukhari Sahrif and in that it is clear mentioned that under these circumstance (she in her Monthly Cycle) doesnít count. even if I gave her once or thousand times. And secondly if your really out of our mind and pronounced divorce thrice does it counts. Can you please guide me sir it about my.. the basic cause of fight was she never listen to me and has some extra marital affairs (count. before and after marriage) but still I love her most. Allah Hafiz



Bismillahir Rahmaanir Raheem

Al Jawaab Billahit-Tawfeeq



Respected brother,



To answer both queries:



1) Yes, Talaaq will take place in anger too.

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



2) This statement is not true. Talaaq given during the monthly cycle would make the husband sinful. This will also constitute Talaaq.



More information can be found here on Talaaq http://www.muftisays.com/qa/question/2295/talaq-pronunced-once--does-that-talaq-stand,.html

And here

http://www.muftisays.com/qa/question/3487/triple-talaq-whilst-not-knowing-wife-is-menstruating-&-pregnant.html



And Allah knows best

Ulamaa
Answer last updated on:
22nd November 2010
Answered by:
Ulamaa ID 06
Location: London