Fatwa ID: 07014
Answered by: Alimah Sherbhanu Jadwat
Question:
Wife is saying husband gave divorce three times separate occasions.
Husband says he only gave it once. Even though he is confessing he said to her most recently ‘I am giving you the third talaq’
Wife produced a recording from the home security. In that the husband is telling his mom ‘I have given her two and we better get things settled before I issue the third’ (This recording was from 20 odd days before he said ‘I am giving you the third talaq’)
Husband is insisting he only gave it once.
Will the evidence supersede the claim of the husband?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
If the wife is certain that the husband had given her three talaq on different occasions, she should separate herself from him as she is no longer his wife.
The words which he is admitting that he uttered , ie ‘ I am giving you the 3rd talaq’ suffices to indicate that talaq maghallazah did occur ie, that he had given her three talaaq.
References:
صريحه ما لم يستعمل الا فيه. و لو بالفارسية.( كطلقتك و انت طالق و مطلقة)
فما لا يستعمل فيه الا في الطلاق فهو صريح يقع بلا نية،
ص ٢٤٧
و علم مما ذكرنا انه لو قرنه بالعدد ابتداء فقال : انت طالق ثنتين، أو قال ثلاثا يقع..
ص ٢٥٠
قلت: و حاصله أن انقطاع النفس و إمساك الفم لا يقطع الاتصال بين الطلاق و عدده ، و كذا النداء لأنه لتعيين المخاطبة
ص ٢٨٧
رد المحتار ج٣
كراتشي
Only Allah (عز و جل) knows best.
Written by Alimah Sherbhanu Jadwat
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
