Fatwa ID: 08976
Answered by Maulana Abdurrahman Persaud
Question:
As-Salamu Alaikum wa Rahmatullah,
I have a question about the status of my marriage, I would be very grateful if I could get some insight InshaAllah as the matter isn’t very clear cut.
Recently I gave my wife a divorce. I was angry and uttered the divorce. We had already divorced in the past. One of which was given 5 years ago. A second divorce was a few months ago but we had reconciled both times before the Iddah period was over.
When I gave the last divorce, I was under the impression that it is the second divorce, not the third because I forgot about the divorce from 2020. Had I known about the first divorce, I would not have issued the final divorce and Allah knows best.
I was also very angry and may Allah(SWT) forgive me for losing my temper. In the midst of the anger, I was under the impression that it’s the second divorce and we can reconcile even if I utter the words as it will not be a third divorce.
I read that having doubts in the number of divorces, the lowest number is to be taken as correct, so in that brief moment does it mean it was a second divorce I issued or is the number back to 3 once I remembered the very first one?
Does this mean that it is now Talaq-e-Mughallazah and we have no recourse?
Jazakallah khair, may Allah(SWT) reward you for your help.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
May Allah ﷻ make your trials a means of reward in the hereafter.
Based on the principle of being doubtful and uncertain, Imam Ibn Nujaym says, “certainty is not removed by doubt.”[1]
For example, if one was certain of performing ablution (wudu) but later was uncertain of breaking it, then one’s wudu will not become invalid due to doubt. Rather, wudu will be considered invalid if one is certain of something that invalidates wudu; similarly, doubts are removed by certainty.
In relation to the question, 3 divorces would have taken place, as you were certain of giving a second divorce after issuing one more.
Divorces are usually issued in the state of anger, and if anger does not make the person insane or to such an extent that he is unaware of his speech and his words are not recognisable, then the divorce will be issued.
The following guidelines may help in understanding divorce in anger:
A. The person in anger is conscious of his words and actions at the time of issuing the divorce, but the rage of anger causes him to issue the divorce, and the divorce will occur.
B. The person in anger loses complete control of his actions and words due to insanity because of anger, so such a divorce will not occur.
C. The person in anger is between the 2 mentioned categories; he is not conscious but does not reach the state of insanity. In such a case, divorce will still occur.[2]
Only Allah ﷻ knows best.
Written by Maulana Abdurrahman Persaud
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
[1]
لأشباه والنظائر على مذاهب أبي حنيفة النعمان
ابن نجيم – زين الدين بن إبراهيم بن محمد
القاعدة الثالثة اليقين لا يزول بالشك ص: 193 ]
[2]
مَطْلَبٌ فِي طَلَاقِ الْمَدْهُوشِ وَقَالَ فِي الْخَيْرِيَّةِ: غَلِطَ مَنْ فَسَّرَهُ هُنَا بِالتَّحَيُّرِ، إذْ لَا يَلْزَمُ مِنْ التَّحَيُّرِ وَهُوَ التَّرَدُّدُ فِي الْأَمْرِ ذَهَابُ الْعَقْلِ. وَسُئِلَ نَظْمًا فِيمَنْ طَلَّقَ زَوْجَتَهُ ثَلَاثًا فِي مَجْلِسِ الْقَاضِي وَهُوَ مُغْتَاظٌ مَدْهُوشٌ، أَجَابَ نَظْمًا أَيْضًا بِأَنَّ الدَّهْشَ مِنْ أَقْسَامِ الْجُنُونِ فَلَا يَقَعُ، وَإِذَا كَانَ يَعْتَادُهُ بِأَنْ عُرِفَ مِنْهُ الدَّهَشُ مَرَّةً يُصَدَّقُ بِلَا بُرْهَانٍ. اهـ. قُلْت: وَلِلْحَافِظِ ابْنِ الْقَيِّمِ الْحَنْبَلِيِّ رِسَالَةٌ فِي طَلَاقِ الْغَضْبَانِ قَالَ فِيهَا: إنَّهُ عَلَى ثَلَاثَةِ أَقْسَامٍ: أَحَدُهَا أَنْ يَحْصُلَ لَهُ مَبَادِئُ الْغَضَبِ بِحَيْثُ لَا يَتَغَيَّرُ عَقْلُهُ وَيَعْلَمُ مَا يَقُولُ وَيَقْصِدُهُ، وَهَذَا لَا إشْكَالَ فِيهِ. وَالثَّانِي أَنْ يَبْلُغَ النِّهَايَةَ فَلَا يَعْلَمُ مَا يَقُولُ وَلَا يُرِيدُهُ، فَهَذَا لَا رَيْبَ أَنَّهُ لَا يَنْفُذُ شَيْءٌ مِنْ أَقْوَالِهِ.
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