Talaq in Depression

CategoriesDivorce [540]

Fatwa ID: 05265

 

Answered by: Mufti Eunus Ali

 

Question

 

Dear Molana Shaib,

 

I have been suffering from moderate to severe depression for many years. The conditions of my uttering the words TALAK 3 times to my wife were the following:-

 

I was told by a third-party friend that your wife is no good and divorce her and remarry someone else to live a happier life than the one you already have. When the relations between my partner got so bad she moved out and lived at her brother’s house. I was very upset about this and with my brother and uncle decided to go to her and ask her to come back to our house. But when we got there her family were angry with me and did not want her to come back to my house. There the brother said in an angry voice if we do not send her back what are you going to do he said this provoking anger in me so I said I will divorce her. He then said so what if you do so. Again he said so what when he said this I got angry and stood up and pointed at her and said TALAK, TALAK, TALAK, and walked out not thinking of the consequences of my actions.

 

My wife and her family were so shocked by this event that they sent my wife to Pakistan at her parents’ home. There she stayed after 1 month my family asked me to take her back, then I said I will take her back if she comes back to England. I was upset that she went out of the country so could not speak to her or see my son. I wrote a letter in English to her and sent it via post saying this is your second divorce in writing if you do not come back within 3 months I will write to you giving you 3rd and final divorce. She read this letter.

 

She wanted to come back for the sake of our children and came back within the 3 months we started living as husband and wife.

 

After this, I suffered very bad depression and started to hear voices, and diagnosed with bipolar disorder and obsessive-compulsive behavior by the doctor. After 7 years of treatment, I was getting better.

 

Until many years later I decided to marry another woman as well and was asked many times by the other women are you single because I want to marry only a single person, not a married person. I wanted to keep them both so I said to her on more than one occasion: I am single. I am separated (meaning I with apart from my wife in another house) My first wife is my ex-wife (meaning she was my wife now she no longer is). I am divorced What should we do is our living together legal in Islam or not. 

 

 

 

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

 

Answer

 

Firstly when the husband issues his wife three explicit talaqs, whether it be on three separate occasions or in one go, their marriage will terminate immediately and it will not be permissible for the couple to reconcile the marriage or remarry until the wife marries a second person and consummates the marriage with him; thereafter the second husband either divorces her or dies. Then only after completing her waiting period (from the second husband), the wife is allowed to re-marry the first husband. [1]

 

As you have stated that you had issued your wife 3 talaqs without thinking of the consequences they will take effect and at that point, the marriage had been terminated and she no longer remained your wife.

 

Therefore living with her thereafter was impermissible. Sincere repentance (taubah) should be carried out for any sin committed by doing this.

 

Secondly, as your first marriage had been terminated previously you would have been considered single. Your living with your new wife will remain permissible.

 

Only Allah knows best

Written by Mufti Eunus Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

[1] Al-Lubab Fi Sharhil Kitab, Page 457, Al-Maktabatul Umariyyah

 

 

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