Emotionally forced to divorce the first wife

Fatwa ID: 02553

Answered by: Maulana Jamal Ahmed

Question

I was emotionally forced to give thalak to my first wife by my 2nd wife.

I haven't been with my first wife for 4yrs and now I've married again and to my 2nd wife and she emotionally asked me to divorce the first wife or she will leave me… so out pure desperation, I text the thalak to my first wife… "IS THAT VALID"?

Answer

If a husband who is mentally sound gives talaq to his wife the talaq will take place whether it was given verbally or in writing and whether he gave the talaq out of his own will or he was forced to give it. 

However, she can still be your wife if you do ruju within the iddat.  Ruju means to take back the wife into one’s nikah without a new contract.  The way to do ruju is to say “I take you back into my nikah”, this will even be effective if one says it in his mind. Ruju can also be done by kissing the wife or touching her with desire or by having intimate relations. But, if the iddat is over you can take her back into your nikah by doing another aqd or contract, which is done by one spouse making the offer by saying “I marry you” and the other accepting it by saying “I have accepted it” in front of two male or one male and two female witnesses.   
ويقع طلاق كل زوج إذا كان بالغاً عاقلا) ولو مكرها أو سكران بمحظور)

Al lubab fi sharhilkitab, vol.3, pg.40, Al maktaba al ilmiyah

قَوْلُهُ فَإِنَّ طَلَاقَهُ صَحِيحٌ) أَيْ طَلَاقَ الْمُكْرَهِ وَشَمَلَ مَا إذَا أُكْرِهَ عَلَى التَّوْكِيلِ بِالطَّلَاقِ فَوَكَّلَ فَطَلَّقَ الْوَكِيلُ فَإِنَّهُ يَقَع بَحْرٌ ُRaddulmuhtar, vol.3, pg. 235, darul fikr

Only Allah knows best.

Written by Maulana Jamal Ahmed

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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