Fatwa ID: 02719

Answered by: Moulana Tahsin Alam

Question:

Assalamu Alaikum Wa Rahmatullah!

I have said talaaq three times to my wife while we were having an issue in regards to a family matter and I was fully under pressure of my mind.

I never meant what I said. At the same time, she was in the time of nifas and was not pure. I have checked the ahadith and the opinion of different scholars which some says it's counted as divorce and some say it’s not.

I am confused because the scholars from the four mazahib majorities count it as a divorce but some according to the Holy Quran and also some ahadith say it's not counted as a divorce.

Personally, I never had the intention to divorce her or get separate from her and neither did she but after that day we haven't been together but we’re still not sure and we got 3 children too. I want to make it more clear.

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

Answer:

Assalamu Alaikum Wa Rahmatullahi Wa Barakaatuh,

If you have given three ṭalāqs (divorces) to your wife, they are all valid and occurring; a man only has three divorces to give to his wife before she becomes mugallazah (irrevocably ḥarām upon you until she marries another man and has intercourse). There is no possibility for you to take your wife back in the current state.

Only Allah knows best

Written by Moulana Tahsin Alam

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham