Deceiving the first wife in divorce

Fatwa ID: 02468

Answered by: Maulana Mujahid Hussain

Question:

My friend got 2nd marriage in the presence his first wife. Before 2nd marriage, he signed a stamp paper on the demand of 2nd wife. This stamp paper was a conditional divorce for first wife mentioning in the stamp paper that if I (my friend) divorce you (2nd wife) my first wife (with name XYZ….) is divorced-divorced- divorced (word "divorce" mentioned 3 times in stamp paper).

Please explain that if my friend now divorces his wife, then according to stamp paper, will this conditional divorce be applicable or not?

If this divorce applies, whether it will be considered one divorce or will be 3 divorces?

The words mentioned in the 2nd paragraph are the same as these are written in stamp paper.

Answer

بسم الله الرحمن الرحيم

To start off I must say your friend has done something very silly and great injustice to his first wife. His desire  to marry a second time is understandable however, to do it in a manner which can result in his first wife’s world being turned upside down in a second is not acceptable at all. Indeed the prophet prohibited from evoking  three divorces at once and as such this is a sinful act. As ibn abbas raḥimahullāh (may Allāh have mercy upon him) said “ one of you commits a sin then he asks “ is there is leeway for me”  rather the leeway is for the one who fears Allah subḥānahu wa ta'āla (glorified and exalted be He) ” ( by doing the right thing  in the first place)

Unfortunately If your friend was to divorce his second wife then this would result in his first wife being divorce three times.[1]

Allah Knows best.

Written by Maulana Mujahid Hussain

Checked and approved by Mufti Tosir Miah 

Darul Ifta Birmingham


[1]Muktasar al quduri . The chapter of divorce.

وطلاق البدعة: إن يطلقها ثلاثا بكلمة واحدة أو ثلاثا في طهر واحد فإذا فعل ذلك وقع الطلاق وبانت منه وكان عاصيا

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