Fatwa ID: 04022

Answered by: Maulana Naieem Mohammad

Question

Assalamualaikum. I would be grateful if you could help.  Are three talaqs issued in one sitting considered as one or three?  Can the couple get back together if they want? Many scholars have different opinions about this issue. Which is which? JazakAllahu Khayran

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

Answer:

With regards to a sensitive and personal topic such as Talaq, we are to Always consider the minutest given details, such as; specific words/phrases used, stipulated conditions attached to the granting of Talaq, etc.

Let us consider the following facts in your circumstance before concluding with an answer;

1. The words “ I give you 3 Talaaq” were clearly and audibly pronounced.
2. The above occurred in the same place at the same time.
3. The husband was conscious of his decision.

Also, keep in mind that the fatwa issued will be the preferred ruling according to the scholars of the Hanafi Madhhab.

The three Talaq would be considered as having taken place in that specific incident, however, the husband will be guilty of issuing Talaq against the sunnah method taught to us by the Prophet (s.a.w.).[1] The sunnah method of Talaaq is to pronounce only one Talaq in one “Tuhr” (when the woman is not in her menstrual cycle). If the husband wants to grant more than one, then he is allowed to grant one Talaq per Tuhr according to sunnah. In such a method, the husband is given enough time to reconcile and rethink his decision if necessary.[2]

There will be no possibility of the couple getting back together unless the now divorced wife marries someone else. If that second marriage doesn’t work out and she receives Talaaq, only then can she return to the first husband with a new nikah.

Only Allah knows best

Written by Maulana Naieem Mohammad

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham