Connecting divorce with a past event which the wife constantly brings up

Fatwa ID: 02988

Answered by: Moulana Muhammad Imad Ali​

Question:

Assalamu Alaikum Wa Rahmatullah

I fear Allah and I explain the following events in my best recollection.
On Friday I was having a heated argument with my wife of 13 years. And the topic of our turbulent past (10 years ago) ago came up. I said to her that we have agreed in past to never discuss those events as we can never move forward.


She kept on bringing up the past events, and I said to her "if you ever bring up the past events than I give you 1 talaq today" then, later on, I cleared up with her meaning never bring up events 10 years ago.  She has NOT bought up those events since then.

Question is, did 1 talaq take place then and there? Secondly also if I cleared up by saying "events 10 years ago" then does 1 talaq take place if she "EVER" brings up those events again in future?

Thirdly if I take her back in rujoo. Do the 3 talaqs remain my right or I'm left with only 2?

Answer:

بسم الله الرحمن الرحيم

In the name of Allah, the Most Gracious, the Most Merciful.

 

If one connected the divorce to the occurring of a condition, divorce will occur when the condition takes place. And the oath (i.e. the connecting of the divorce) will come to an end because when the condition takes place, the connection of the divorce no longer remains. (Hidayah p.385 v.2)

However, if you said: whenever you do this, you are divorced then whenever that thing happens, one divorce comes into effect. Thereafter, if you take her back and she does that thing again, once again a divorce comes into effect until it reaches three divorces. (Fatawa Hindiyyah p.415 v.1)

Regarding your question, one talaq took place as she bought up the topic.

A conditional divorce cannot be revoked. The only time it comes to an end is when the event happens I.e. the thing you connected the divorce to. As for the rujoo you have 2 talaqs remaining in your right due to the first talaq being initiated when she bought up the events.

 

Only Allah knows best.

Written by Moulana Muhammad Imad Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

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