What should the wife do if the husband is giving her three talaqs constantly

CategoriesDivorce [570]

Fatwa ID: 01898

Answered by Mufti Mohammed Tosir Miah

Question:

A man says 3 talaqs to his wife constantly – sometimes in anger – sometimes normally. What should the wife do?

Answer:

Bismillah

If a person pronounced three divorces at once whether in anger or not, then three divorces will occur. This can be proven through the following Hadeeths:

Sayyida A’isha raḥimahullāh (may Allāh have mercy upon him) 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 raḍyAllāhu 'anhu (may Allāh 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 ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) 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)

Regarding your question, it will be impermissible for the sister in question to remain with her husband in particular when she heard him clearly giving her three talaqs.    

There is a principle in fiqh called “The woman is in the place of the Qadhi (judge)”.  It means if the husband ever gives his wife a Talaq Baain (irrevocable divorce) or three talaqs and then wishes to keep her without halalah or a new Nikah then the Shariah has allowed her the right to become like a Qadhi and take the issue in her own hands. Therefore, if the wife is certain the husband did in fact give her three talaqs and in order to save herself from sinning by remaining to live with him as a wife, it will be obligatory for her to keep away from him.  (Bahrur Raaiq p.257 v.2)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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