Fatwa ID: 05605
Answered by: Alimah Zakiratul Hoque
Question
I gave my wife the first talaq around 15yrs ago because of a very big argument where she slapped me so I uttered the word but then we got back together. But yesterday me and my wife had an argument the wife started swearing at me and I said you can consider yourself divorced can you please tell me if this is a valid divorce as we are still living together but in separate rooms
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
What you said was a direct expression of divorce. Therefore, one revocable divorce would take place and along with the divorce you gave her 15 years ago, it will be a total of two. You can revoke the talaq and get back together again still. However, one more divorce will make your wife permanently unlawful.
الطلاقعليضربتين : صريحوكنايةفالصريح … يقعبهالطلاقالرجعي
“Divorce is of 2 types: direct/explicit and indirect/implicit…a revocable divorce occurs through a direct/explicit (expression of) divorce.” (Al Hidayah, Vol 3, Pg 143)
You mentioned that you’ve previously given your wife a divorce. If you give her the 3rd divorce, an irrevocable divorce will occur.
Only Allah knows best.
Written by Alimah Zakiratul Hoque
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
