Husband and Wife Doubting the Number of Times Talaq Was Given

CategoriesDivorce [588]

Fatwa ID: 05225

 

Answered by: Alimah Fatima Begum 

 

Question

 

My husband thinks he said talaaq twice or three times. But I heard it twice what is the ruling for this? Can I have a fatwa? Also, I was on my menses and he was in extreme anger.

 

 

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

 

Answer

 

Talaq in the state of haidh (menstruation) although unlawful and sinful, will take effect. (Fatawa Hindiyyah p.349 v.1)

 

The jurists have categorised anger into three stages:

  1. The initial stage of anger where one’s 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 of 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)

 

Returning to the issue of two talaqs or three, since the husband and wife are both certain on two and the husband is unsure of the third, they will consider it as two. This means the husband can revoke it if he decides to do rujuu.

 

The jurists have listed two ways of affecting rujuu, one by speech and the other by action. It is more praiseworthy to make rujuu by speech rather than action. (Raddul Muhtar p.24 v.5)

 

To effect a rujuu by speech the husband can say, “I have taken you back”, or “I have retained you”. Rujuu will be affected whether the wife is in front of him or not, however where the wife is not present it is best to have two. (Raddul Muhtar p.25 v.5)

 

The jurists have placed the condition of there being lust and desire on the part of either the husband or wife if rujuu is initiated by action. If there is no desire then rujuu is not affected. Therefore, to touch the wife, have intercourse with her, kiss her including her face, forehead and lips and also to touch her with or without an intervening cloth where the heat of the body is felt with desire, will affect rujuu. (Ibid)

 

 

Only Allah knows best.

Written by Alimah Fatima Begum   

Checked and approved by Mufti Mohammed Tosir Miah    

Darul Ifta Birmingham

 

 

 

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