Three divorce in anger

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:

My husband said talaaq to me three times, my marriage got 1 year and we dont saty wid each other but sometimes i went to meet him before, but he said talaaq three times in phone, we both got into argument about other girl,i asked him whether he married her or not he was saying no no and then to i was asking him continuously he is very short-tempered and he got angry very badly and he attempted talaaq words three times, and then we stopped talking to each other ther after 1 month now he called me and h was apologizing that he was in extreme anger anger and he even didnt mean it and now he wants e back in his life even i love him very much, i m not performing iddah as i m student, please help me and tell me what we can do now, are we actually divorced or not, if yes then now how can we come together please answer me please.....

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Answer:

Three divorce in anger

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229:

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).

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).’

Regardless of whether the husband pronounces the divorce in anger or not, regardless of whether it was pronounced verbally, or in writing, or through the telephone or any other means of communication, etc…..absolutely regardless of how, when, and why a divorce was pronounced, as long as the husband declared the pronouncement/s of divorce upon his wife, a divorce will be legally established between the couple in the Sight of Shariah Law and of Allah Subhanah.

Al-Tirmidhi Hadith 3292        Narrated by Mahmud ibn Labid

When Allah's Messenger (saws) was informed about a man who had divorced his wife, declaring it three times without any interval between them, he (saws) arose in anger and said, "Is a mockery being made of the Book of Allah Who is Great and Glorious, while I am amongst you?"  As a result a companion got up and asked, "O Messenger of Allah (saws) shall I kill him?"

The absolute majority of the scholars are of the opinion that if one pronounces three divorces to one’s wife at one time, they will count as three and an irrevocable divorce will be established.  That was the ruling of even the noble companions of the Messenger of Allah (saws) of the stature of Hadrat Abdullah ibn Abbas (R.A.) and of Hadrat Abu Hurayrah (R.A.), etc.

Al-Muwatta Hadith 29.37

Yahya related from Malik from Ibn Shihab from Muhammad ibn Abd ar-Rahman ibn Thawban that Muhammad ibn Iyas ibn al-Bukayr said, "A man divorced his wife three times before he had consummated the marriage, and then it seemed good to him to marry her. Therefore, he wanted an opinion, and I went with him to ask Abdullah ibn Abbas and Abu Hurayra on his behalf about it, and they said, 'We do not think that he should marry her until she has married another husband.'

Your Question: i m not performing iddah as i m student,

The sitting of a believing woman in ‘iddah’ or waiting period is a direct Command of the Merciful Lord; and thus obligatory on the believing woman who sincerely fears Allah and the Last Day.

If the ‘iddah’ of the three menses periods have elapsed and the couple have not reconciled, then the husband and wife will be considered officially divorced and separated and the couple are non-mehrams to each other in the sight of Shariah.

In the first two revocable divorces, even if the ‘iddah’ period has elapsed and the couple have not reconciled during that period; they can still marry each other by performing a brand new ‘nikaah’.

But if the husband pronounces ‘I divorce you’ for the third time, then this divorce will be absolutely irrevocable in the sight of Allah and Shariah; and there is no way for the couple to reconcile after this irrevocable third divorce until the woman marries another man, and the new husband dies, or of his own will divorces her. 

Your statement: please help me and tell me what we can do now, are we actually divorced or not, if yes then now how can we come together please answer me please....

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 230:

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.

To prevent making a mockery of the sacred institution of marriage and the rights of  the woman, where the man divorces his wife and marries her again and again, Islam imposed the two-strike rule whereby a husband is allowed to divorce and remarry the same woman again only twice in any one marriage.  If the husband divorces his wife for the third time, it would constitute an irrevocable divorce in the Sight of Shariah Law and it would be impermissible for the man to marry the same woman again unless and until she (perchance) marries another man, consummates the marriage, and the new husband were to die, or of his own will divorce her.

Sahih Al-Bukhari Hadith 3.807         Narrated by Aisha

The wife of Rifa'a Al-Qurazi came to the Prophet (saws) and said, "I was Rifa'a's wife, but he divorced me and it was a final irrevocable divorce. Then I married Abdur-Rahman bin Az-Zubair but he is impotent." The Prophet (saws) asked her 'Do you intend to remarry Rifa'a? You cannot unless you had a complete sexual relation with your present husband."

When a husband who has irrevocably divorced his wife, and they (or some people) intentionally plan and arrange for another person to temporarily marry the (divorced) wife, so that the wife can again become legal  for the first husband…..this intentional plotting and planning for arranging the temporary marriage of the divorced wife with another person to intentionally circumvent the Laws of Allah and make her legal for her first husband is what is known as ‘Halala’ in Islamic Fiqh and Jurisprudence.

It is absolutely impermissible and a grave sin in the sight of Allah for the believers to plan such a ‘Halala’ to intentionally circumvent and make a mockery of the Laws of Allah Subhanah.  The Messenger of Allah (saws) invoked the Curse of Allah on the people who practiced ‘Halala’ and on those for whom it was practiced.

Sunan of Abu-Dawood Hadith 2071 Narrated by Ali ibn AbuTalib

The Prophet (saws) said: ‘The Curse of Allah be upon the one who marries a divorced woman with the intention of making her lawful for her former husband, and upon the one for whom she is made lawful!’

If one trusts, obeys, and follows the guidance and commands of Allah and His Messenger (saws), one can be assured of never ever being misled;   but if one believes, obeys and follows any other guidance, other than that of Allah and His Messenger (saws), one can be assured of being led astray. 

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

Your Brother in Islam,

Burhan

 

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