Saying if I marry then she is divorced

Fatwa ID: 01485

Answered by Mufti Mohammed Tosir Miah

Question:

I issued one Talaaq-e-Bain to my wife called Shabana. After 6 months of this Talaaq-e-Bain, I was going alone somewhere & was thinking about my ex-wife Shabana. Under such circumstances I uttered "Shaadi karon to talaaq"     In the light of Shariah please explain now if I marry my ex-wife Shabana, wll she be divorced or not? Also, since I did not specify her name exclusively but was only thinking about my past incidents with her and then uttered the aforementioned sentence, If I marry any other woman except Shabana will she also be divorced automatically?

Answer:

Bismillah

In the name of Allah, the most Beneficent, the most Merciful.

In the aforementioned scenario as soon as you marry any woman whether it is your ex wife or someone else, one talaq will occur.  (Fatawa Darul Uloom Deoband p.78 v.10)

The principle for the aforementioned answer is based on the issue of Taleeq. Taleeq is an Arabic word meaning ‘having connection of one thing with another’, in a sense, if one thing is said to have a connection with another thing then dependence of one must be a basis for the existence of another.  For example, if a husband said to his wife ‘If you enter the house, you are divorced’.  In this example the husband is making the existence of divorce dependant on her entering the house.   (Hidayah p.385 v.2)

According to Imam Abu Hanifah raḥimahullāh (may Allāh have mercy upon him), all types of taleeq are valid and if the condition is found the divorce will occur. On the other hand Imam Shafi raḥimahullāh (may Allāh have mercy upon him) and Imam Ahmad Bin Hanbal raḥimahullāh (may Allāh have mercy upon him) are of the view that all types of taleeq are invalid and divorce will not occur.   (Dars Tirmizi p.491 v.3)

It is narrated from Saaiduna Abdullah Ibn Umar raḍyAllāhu 'anhu (may Allāh be pleased with him) that he said, “If a man says ‘When I marry such a girl, she is divorced’ then this will occur when he gets married to her.  And if he gave her one divorce or two or three, this will occur (after he marries her) according to what he had said.”   (Muwatta Imam Muhammad p.254)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

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