Fatwa ID: 06017
Answered by: Alimah Zainab Nakhuda
Question:
My question is about talaq. Unfortunately, in the past 1 year between me and my wife started having problems. She came out of her senses sometimes. Without any reason angry and violent. Many times she tried to attempt suicide. When we did nikah I gave her the right of one talaq. Now because of this situation as I said we reached the point of talaq. First talaq I gave her in words. Then after the first period, she gave me the 2nd talaq. And then after that, I gave her 3rd talaq in written only. After we came to know that she was under the effect of a jinn that wanted to destroy her life and she saw and speak with this jinn too. And this Jin accepted that all that has happened is because of him because he was controlling her mind. My wife says that she was not understanding what she is doing and didn’t remember herself. Now we want to do “rujoo”. Because we understand that it was all due to the bad effects of magic. So my question is while my wife was not in a good state of mind is the talaq that she gave me is valid?? Is there any solution for rujoo for us?? Kindly help me with this matter. We have a 4 years daughter also.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
The 2 divorces which you had issued will be valid, as there is no reason to consider them invalid (insanity, sleep, etc.) If your wife is still in her Iddah period, and if the divorce you issued was a revocable divorce (Talaaq Raj’ee) (ie. you issued the divorce using clear words of divorce like I divorce you1), then you can do Rujoo’ from these 2 divorces, and your wife will remain in your Nikaah; there will be no need to repeat the Nikaah2.
As for the divorce that was issued by your wife, we will not count it as a valid divorce (it did not occur), due to her being under the effects of the Jinn at the time. We will consider her to be Majnoon/Madhawsh, ie. she was not in control of her actions. This can further be confirmed because you mentioned that your wife did not understand what she was doing, and did not remember the incident afterwards3.
Hence, only 2 out of the 3 divorces have occurred. You can do Rujoo’ if your wife is still in her Iddah. And if she has completed her Iddah, you can redo the Nikaah and continue the marriage if you both wish to do so. Care should be taken however in the future because if you ever divorce her again, she will become completely Haraam for you, and it will not be permissible for you to remarry her.
Only Allah knows best.
Written by Alimah Zainab Nakhuda
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References
1 Al Binaayah, page 306, Volume 5, Maktabah Shamela
م: (فالصريح قوله) ش: أي قول الرجل لامرأته م: (أنت طالق ومطلقة وطلقتك، فهذا يقع به الطلاق الرجعي) ش: أي الطلاق الرجعي
2 Al Binaayah, page 455, Volume 5, Maktabah Shamela
م: (وإذا طلق الرجل امرأته تطليقة رجعية أو تطليقتين فله أن يراجعها في عدتها، رضيت بذلك أو لم ترض) ش: وهذا بإجماع أهل العلم م: (لِقَوْلِهِ تَعَالَى {فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ} [البقرة: ٢٣١] ش: م: (البقرة: الآية ٢٣١) ش: الإمساك هو الإبقاء،
3 Raddul Muhtaar, page 242-243, Volume 5, Maktabah Shamela
(لَا يَقَعُ طَلَاقُ الْمَوْلَى عَلَى امْرَأَةِ عَبْدِهِ)…(وَالْمَجْنُونُ) …(وَالْمُدْهَشُ)
(قَوْلُهُ وَالْمَجْنُونُ) قَالَ فِي التَّلْوِيحِ: الْجُنُونُ اخْتِلَالُ الْقُوَّةِ الْمُمَيِّزَةِ بَيْنَ الْأُمُورِ الْحَسَنَةِ وَالْقَبِيحَةِ الْمُدْرِكَةِ لِلْعَوَاقِبِ، بِأَنْ لَا تَظْهَرَ آثَارُهُ وَتَتَعَطَّلُ أَفْعَالُهَا، إمَّا لِنُقْصَانِ جَبَلٍ عَلَيْهِ دِمَاغُهُ فِي أَصْلِ الْخِلْقَةِ، وَإِمَّا لِخُرُوجِ مِزَاجِ الدِّمَاغِ عَنْ الِاعْتِدَالِ بِسَبَبِ خَلْطٍ أَوْ آفَةٍ، وَإِمَّا لِاسْتِيلَاءِ الشَّيْطَانِ عَلَيْهِ وَإِلْقَاءِ الْخَيَالَاتِ الْفَاسِدَةِ إلَيْهِ بِحَيْثُ يَفْرَحُ وَيَفْزَعُ مِنْ غَيْرِ مَا يَصْلُحُ سَبَبًا. اهـ. وَفِي الْبَحْرِ عَنْ الْخَانِيَّةِ: رَجُلٌ عَرَفَ أَنَّهُ كَانَ مَجْنُونًا فَقَالَتْ لَهُ امْرَأَتُهُ: طَلَّقْتَنِي الْبَارِحَةَ فَقَالَ: أَصَابَنِي الْجُنُونُ وَلَا يَعْرِفُ ذَلِكَ إلَّا بِقَوْلِهِ كَانَ الْقَوْلُ قَوْلَهُ. اهـ.
