Fatwa ID: 07237

 

 

Answered by: Maulana Sarfraz Mohammad

 

Question:

 

Me and my wife had 3 fights.

 

The first one is back in March/April 2023, the Second one around August 2023 and the third one in December 2023. The one in December 2023 is exact (I fully remember) and March/April 2023 is also likely to be correct based on timings of other events etc. The second one was in August 2023 (I am not very sure whether it was the next day of the March/April 2023 fight or when. I said August 2023 which is the best I can recall).

 

In the first fight in March/April 2023, I said to my wife in Urdu “meri taraf se tum farigh ho” meaning “you are done from my side”. I said it two times but when I was saying this I had no thought of divorce or anything like that. We were fighting and in rage, I said it as just a dialogue that came to my mouth after hearing it in dramas etc.

 

The second fight was in August 2023 (which I don’t remember the date exactly). My wife was angry and she said to me “Then you give me divorce” to which I angrily said “ok”. Now when I try to remember it, it would be with the intention of “ok if this is what you want” but we were talking about divorce and I am not sure if this “OK” constitutes a divorce. This ok was definitely my agreement to her asking for divorce.

 

The third fight happened recently in December 2023 where I said clear words that “I give you Talaq”.

 

Till December 2023 I was of the view that you can give 2 divorces and if you make ruju then they go away. But when this happened in December I tried to check my information and found that this issue is not simple and much more complex than what I thought. If I knew it was limited to 2 then I would never have said it even once but I believed that till 2 you are ok and no divorce happens if you reconcile after 2.

 

Anyway in December 2023 when I started reading about Divorce and the conditions that it can happen I contacted Darul Ifta in Karachi Pakistan for fatwa/advice. They said to me that back in March/April 2023 when I said you are done from my side (the first time) then one Talaq-e-Bain has happened because this is kinaya word of a category which does not need intention and it invalidates the nikah immediately and a new nikah was required.

 

The second time I said the same words, the one in August 2023 and December 2023 does not count since the nikah was invalidated immediately. Now since I did not give Sarih talaq anymore till December which means that her iddah would have passed then if we do nikah again we will be fine.

 

Even if in a worst-case scenario we imagine that a second fight happened within her iddah let’s say in April 2023 to which I said “Ok” then can you please guide me to what I have done? Where does our marriage stand? What do we do now?

 

Although I got the fatwa from Darul Iftah Karachi back in December and we did nikah again, I am always worried that I failed to explain anything and got the wrong fatwa, what if this, what if that etc etc. I am a very pessimistic person and this keeps haunting me. 

 

 

 

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

  

Answer:

 

In the first argument, the words that were said are not clear words of divorce, but rather these words can have another meaning as well, in such a case the intention must be divorce in order for a talaq bain to happen. However, your intention was not to divorce so there will be no divorce.

 

In the second argument, the word “ok” which you said after the request of talaq from your wife will also be dependent on your intention. If your intention was “ ok I will give you the tala ̄q”, in this case, divorce will not take place because it was only a promise of divorce which you made. If however, your intention was “ ok you got your divorce”, then one raj’ie (revocable divorce) will take place.

 

In the third argument, you clearly said the word talāq so in this case one talāq raj’ie (revocable divorce) took place. Which means you can take her back in your nikāh, just by saying it.

 

If however, in the second argument, you made an intention of the talāq being completed by saying the word “ok”, this means that one talāq raj’ie (revocable divorce) took place in August and by living with your wife during that time you would have revoked the talāq.

 

 

“امرأة قالت لزوجها تريد أن أطلق نفسي فقال الزوج ‌نعم فقالت المرأة طلقت إن كان الزوج نوى تفويض الطلاق إليها تطلق واحدة وإن عنى بذلك طلقي نفسك إن استطعت لا تطلق.”

(کتاب الطلاق،الباب الثالث في تفويض الطلاق،الفصل الثالث،ج:1،ص:402،ط:دار

 

“(‌كنايته) عند الفقهاء (ما لم يوضع له) أي الطلاق (واحتمله) وغيره (ف) الكنايات (لا تطلق بها) قضاء (إلا بنية أو دلالة الحال) وهي حالة مذاكرة الطلاق أو الغضب.”

(کتاب الطلاق، باب الکنایات، ج: 3، ص: 296، ط: سعید

 

(قوله: بنحو راجعتك) الأولى أن يقول بالقول نحو راجعتك ليعطف عليه قوله الآتي وبالفعل ط، وهذا بيان لركنها وهو قول، أو فعل… (قوله: مع الكراهة) الظاهر أنها تنزيه كما يشير إليه كلام البحر في شرح قوله والطلاق الرجعي لا يحرم الوطء رملي، ويؤيده قوله في الفتح – عند الكلام على قول الشافعي بحرمة الوطء -: إنه عندنا يحل لقيام ملك النكاح من كل وجه، وإنما يزول عند انقضاء العدة فيكون الحل قائماً قبل انقضائها. اهـ. … (قوله: كمس) أي بشهوة، كما في المنح”.

الدر المختار وحاشية ابن عابدين (رد المحتار) (3/ 409):)

 

 

 

Only Allah تعالي knows Best

Answered by Maulana Sarfraz Mohammad

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham