Husband informs another divorce of wife.

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

if a husband tells verbally on phone to other person that i have already given my wife two divorce already will the divorce will be applied on his wife, she is no more wife to his husband isn t it or not " 

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Husband informs another divorce of wife

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

If the husband declares a divorce unto his wife, regardless if he declares it in the presence of his wife or not, regardless of whether one says it in anger or in jest, even if it were to another person on the phone…it would indeed constitute a declaration of divorce in the Sight of Shariah Law and in the Sight of Allah Subhanah.

 

Sunan of Abu-Dawood Hadith 2189  Narrated by Abu Hurayrah

The Prophet (saws) said: ‘There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final).’

 

If the husband verbally says on the phone to another person that ‘I will give my wife two divorces’, then no divorce will be deemed established; for an intention to divorce does not constitute a divorce in Shariah.  But if Allah forbid, a husband were to declare that ‘I have already given my wife two divorces’…..then the absolute majority of the scholars and jurists in Islam are of the opinion that two divorces will indeed be established in the marriage in the Sight o Shariah Law and in the Sight of Allah Subhanah.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 229-230:

229    A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness.  It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah.  If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them.  If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).

230    So if a husband divorces his wife (irrevocably) he cannot after that remarry her until after she has married another husband and he has divorced her.  In that case there is no blame on either of them if they reunite provided they feel that they can keep the limits ordained by Allah.  Such are the limits ordained by Allah which He makes plain to those who understand.

 

Because the first two divorces in any one marriage in Islam are revocable, the husband is well within his rights to revoke the two divorces he has declared upon his wife…..but both the revocable divorce rights in that marriage will be deemed as utilized.  If Allah forbid, if at any time in the future, the husband were to divorce his wife for a third time….that divorce would be absolutely irrevocable and the same couple could never remarry again unless the wife happens to marry another husband, and her new husband of his own free will divorces her, or he dies.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan

 

 

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