Three Talaqs Before Consummation of the Marriage

CategoriesDivorce [549]

Fatwa ID: 05317

 

Answered by: Mufti Muhammad Adnan

 

Question

 

I have nikah with a woman this year. The next day, due to a misunderstanding, she wants a divorce. I gave her. Now, we want to marry again. There were no rukhsati that happened. We haven’t lived together. In writing, I gave her three lines of divorce. Can we do nikah again?

 

 

 

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

Answer

 

“If a man pronounces three divorces to his wife before consummating the marriage, all three come into effect. However, if he separates the [pronouncement of three] divorces, she will be irrevocably divorced from him with the first one; hence, the second and third divorces will not come into effect. (Al-Fatawa Al-Hindiyya 1/373)

 

If a man, before consummating the marriage, says to his wife, “I divorce you thrice/three times” then all three divorces come into effect. However, if he utters three separate pronouncements of divorce such as “I divorce you, I divorce you, I divorce you”, then it only results in one divorce. This ruling of the second and third divorce not taking effect only applies if they have not been alone at all to an extent where there is no deterrent from having intercourse (Khalwa Saheehah).   (Raddul Muhtaar)

 

Coming to your question, if you wrote “I divorce you three times” it will be 3 divorces. If you wrote them separately, only 1 divorce will take place.

 

 

 

Only Allah knows best.

Written by Mufti Muhammad Adnan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

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