Fatwa ID: 06999

Answered by: Maulana Abdoullah Limvoonheek

Question:

Someone had an argument with his wife and said this: You are divorced. Then after about 10 minutes: you are single (this should serve as an explanation). And after that: you will be alone on New Year’s Eve. Except for the first sentence, the next sentences should only serve as clarification or confirmation of “you are divorced.”

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

Answer:

The scenario you mention is a Talaaq Rajie which is a type of divorce wherein the husband divorces his wife in express and explicit terms. For example he says “I divorce you”, or “You are divorced”. It is important to mention that if the husband unintentionally uttered these express words of Talaaq, the divorce still take effect.

Once the husband utters such types of words, the wife becomes divorced and she has to sit in Iddah (waiting period) for three menstrual cycles if she experiences menses or three months if she does not experience menses or child birth if she has conceived.

If the husband wishes to revoke his divorce, he may do so during the Iddah period. The husband may revoke his divorce by verbally taking her back for example he says to her, “I take you back” etc. or by being physical with her for example kissing her or having intercourse with her.

If the husband does not revoke the divorce as explained above during the Iddah period, the divorce becomes an irrevocable divorce. Therefore, if he wishes to take her back (after the Iddah period has lapsed), he can only do so after renewing the Nikah.

After such statement is utter the nikah is terminated and they should be separated as they are now strangers to each other. Whatever statement he said afterwards is not considered.

Only Allah (عز و جل) knows best.

Written by  Maulana Abdoullah Limvoonheek

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

Reference:

والطلاق على ضربين: صريحٍ، وكنايةٍ، فالصريح قوله: أنت طالقٌ، ومطلقةٌ، وطلقتك، فهذا يقع به الطلاق الرجعي

اللباب في شرح الكتاب ج٣ ص٤٠ (كذا في العناية)