Husband gave me three talaqs before Hajj and then went Hajj with him.

CategoriesDivorce [528]

Husband gave me three talaqs before Hajj and then went Hajj with him.

In the name of Allah, the most Beneficent, the most Merciful.

Answer

If a person pronounced three divorces at once in any way then three divorces will occur. This can be proven through the following Hadeeths:

Sayyida A’isha (RA) reports that: A man pronounced three divorces to his wife. She (after her iddah) married another man. The Messenger of Allah was asked whether it was lawful for her to return to the first husband. He said: “Not until they have sexual intercourse.” (Sahih Bukhari)

Sayyiduna Hasan ibn Ali (Allah be pleased with him) said (in a long Hadith, after divorcing his wife): “Had I not heard my father (Ali) narrating from my grandfather The Prophet of Allah (Allah bless him & give him peace) say: “when a man pronounces three divorces, then his wife will no longer remain lawful for him, unless she marries another man”, I would have taken my wife back.” (Sunan Baihaqi)

The jurists have categorised anger into three stages:

1. The initial stage of anger where ones mind is sound and fully in control of what one is saying. In such a case talaq will occur without any doubt.
2. Extreme anger to the point of insanity, where one is unaware where he is or what he is saying. In such a case talaq will not occur.
3. Finally that stage which is between the above two stages in that one was extremely angry but not to the point of insanity, and was aware of what one was saying. In this case also, talaq will also occur. (Raddul Muhtar p.452 v. 4)

Normally it can be said that the anger does not reach the level of insanity as mentioned above therefore divorce is valid and will take place.

However in circumstances where it is claimed that the anger was such that a person lost his sanity, then in those occasion it is necessary that the person has previous medical history of insanity or has been diagnosed by the doctor of being of unstable mind, or has two male witness or one male and two female witnesses testifying that in fact on that occasion the person had in deed lost his sanity, then the divorce will not take effect. (Ibid)

With regards to your situation, from the question it seems as though your husband is not insane and that his anger does not reach the level of insanity when he is saying talaq to you. Therefore, the conclusion we can come to is that three talaqs have occurred and it is unlawful for you to remain with him. The Hajj you performed with him was also impermissible, but the obligation of the Hajj will be fulfilled with severe detestability. (Kitabul Hajj p.14)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

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