Fatwa ID: 01721
Answered by Mufti Mohammed Tosir Miah
Question:
My question is regarding talaq issue which happened due to a small argument in moving house. Women is disagreeing for moving a house and said I will become single mother and live on my own with kids you carry on living in new house and husband in anger said to her in punjabi language 'talaq lay la fair tu' meaning take a talaq then. but he is saying after the incident that his intention was to offer but not to give divorce and his wife didnt replied anything i.e. 'yes or no' so it didnt occurred. then he said in same argument 'feir may tinnu talaq day denda ha' meaning so i will give u talaq' then after hearing the word talaq twice his daughter came from other room and said 'you have uttered twice if you say one again it will really happen' on this he replied 'Ho Jai Phir' meaning let it be. now the situation is husband is saying I just offered in first two and on the third time when the daughter said, he is disagreeing with it that she never said that. and he is also saying that in third time the daugther never used the word 'talaq' in sentence. And other question is that if any of first two didnt took effect will third one take affect taking words in consideration.
Answer:
The aforementioned question deals with three separate incidents of talaq. Insha Allah each one will be looked at separately.
Take a talaq then
The ruling in the aforementioned scenario will be that talaq will occur irrespective of whether the wife replies to the statement or not. The author of Bahrur Raaiq, Allahmah Ibn Nujaym (RA) has said that one talaq will occur by the mere statement of the husband, “Take a talaq then”. It is mentioned in Raddul Muhtar, “there is no condition for her to say, “I have taken it, “ according to Bahr (i.e. author of Bahrur Raaiq) (Raddul Muhtar p.591 v.2)
So i will give you talaq
The key word here is “I will”. This denotes future tense. Hence, the meaning of the sentence is that if you were to speak to this person again I will divorce you in the future. The Islamic ruling regarding talaq being uttered in the future tense is that talaq does not occur. They are merely a promise or a warning and promises and warnings do not effect talaq. (Badaaius Sanaai p.210 v.2)
After hearing the word talaq twice his daughter came from other room and said 'you have uttered twice if you say one again it will really happen' on this he replied 'Ho Jai Phir' meaning let it be
In this situation if one said this replying to another regarding his wife then one Talaq will occur. (The Complete System of Divorce, Mufti Abdul Jaleel Qasmi, p.140)
The conclusion to your question is that only two talaqs have occurred. The husband can take her back if he revokes the divorce before the ending of the three menstrual periods (if she still menstruates) or three months. The choice of taking the wife back lasts only during the iddah period. At the expiry of this time, the rujuu also expires. (Bahrur Raaiq p.50 v.4) However, if the iddah expired without the husband taking his wife back the marriage will break and they will have to remarry without the need for a Halalah.
The jurists have listed two ways of effecting 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 effected 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, to 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 effect rujuu. (Ibid)
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham.
