Fatwa ID: 07189

 

Answered by: Maulana Ubaidur Rahman

 

Question:

 

I and my husband had a heated argument one night before and we cooled down and settled the issue but the next day my husband jokingly said to me “Talaq, talaq” twice but we weren’t aware that merely utterance also makes the divorce in effect. We were living together without any ruju being made or said as we didn’t know we were divorced.

 

Also we didn’t make any husband and wife relationship in this period as I am 8 months pregnant. And again after 20 days after an argument regarding him talking to other women I demanded him to leave me to which he agreed after a longtime and said me you are divorced three times. Please let me know what are we supposed to do. Is the divorce after 20 days valid? Are we divorced irrevocably?

 

 

 

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

 

Answer:

 

Allah mentions in the Quraan,

 

لِيُنفِقْ ذُو سَعَةٍۢ مِّن سَعَتِهِۦ ۖ وَمَن قُدِرَ عَلَيْهِ رِزْقُهُۥ فَلْيُنفِقْ مِمَّآ ءَاتَىٰهُ ٱللَّهُ ۚ لَا يُكَلِّفُ ٱللَّهُ نَفْسًا إِلَّا مَآ ءَاتَىٰهَا ۚ سَيَجْعَلُ ٱللَّهُ بَعْدَ عُسْرٍۢ يُسْرًۭا¹

 

Translation: Let the man of wealth provide according to his means. As for the one with limited resources, let him provide according to whatever Allah has given him. Allah does not require of any soul beyond what He has given it. After hardship, Allah will bring about ease.

 

 

The Prophet (PBUH) says in a hadeeth,

 

مٍ، عَنِ ابْنِ عُمَرَ، أَنَّهُ طَلَّقَ امْرَأَتَهُ وَهِيَ حَائِضٌ فَذَكَرَ ذَلِكَ عُمَرُ لِلنَّبِيِّ صلى الله عليه وسلم فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم ‏ “‏ مُرْهُ فَلْيُرَاجِعْهَا ثُمَّ لْيُطَلِّقْهَا إِذَا طَهُرَتْ أَوْ وَهِيَ حَامِلٌ²

 

Translation: Ibn ‘Umar said that he divorced his wife while she was menstruating. ‘Umar mentioned the matter to the Prophet(ﷺ). He (the Prophet) said “Order him, he must take her back and divorce her when she is purified (from menstrual discharge) or she is pregnant.

 

 

The divorce is made effective to the revocable effect.

 

A revocable divorce is when the divorce is made effective by issuing clear wording, ‘You are divorced’ or any indirect words which carry a similar effect once the meaning is known, for example you are like a shoe to me’. It is revocable i.e. able to take the woman back and make her wife legally within the time limit equivalent to three menstrual cycles. If however, a divorce is issued three times at once or three separate occasions then the irrevocable divorce will occur and the formal procedures of remarrying the wife will have to occur. ³

 

You are divorced irrevocably as the occurrence of three divorces has occurred. You will need to reestablish your marriage as a new nikaah in order for it to occur and be in place again.

 

يْ مِنْ حَيْثُ عَدَمُ احْتِيَاجِهِ إلَى النِّيَّةِ كَلَفْظِ التَّحْرِيمِ أَوْ مِنْ حَيْثُ وُقُوعُ الرَّجْعِيِّ بِهِ وَإِنْ احْتَاجَ إلَى نِيَّةٍ: كَاعْتَدِّي وَاسْتَبْرِئِي رَحِمَك وَأَنْتِ وَاحِدَةٌ أَفَادَهُ الرَّحْمَتِيُّ (قَوْلُهُ وَكِنَايَةٌ) هِيَ مَا لَمْ يُوضَعْ لِلطَّلَاقِ وَاحْتَمَلَهُ وَغَيْرَهُ⁴

 

 

 

 

 

 

 

Only Allah knows best.

Answered by Maulana Ubaidur Rahman.

Checked and approved by Mufti Mohammed Tosir Miah.

Darul Ifta Birmingham.