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:

Assalam alaikum Dear Brother Burhan!

 

As you answered to one of our brother in the reply for the masla on divorce, you said that after saying divorce 3 times at once it is done, and the wife is no more mehram to you, and she has to leave you.

And secondly you gave reference from some ayat from Quran, but my dear brother Burhan, if you a student of Deen you must have read Surah Tallaq, and in that Allah has mentioned clearly that you have to give Divorce in 3 months of period or depending on the the duration of menstruation period of women, meaning three periods, and she has to stay in your home, and after 2 Tallaqs if you feel that you have done wrong you can join her again in the presence of two witness, also Allah say that maybe Allah may produce something new.

If one guy said 3 divorces at a time, then what should we say about what ever Allah says in Surah Tallaq.

That means you have to send the divorced lady out of house, becasue she is non-mehram to you, and in the surah Allah says that nor you can command them out of home nor they should leave.

 

I hope dear Brother everything is clear, and fearing Allah subhanutallah and the time when we will stand in front of him, you will give the right answers of the both questions i have asked, and if you need some references in this regard, i can certainly help you in all inshAllah.

 

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Answer:

 

Three divorces

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 no one (no idol, no person,  no grave, no prophet,  no imam,  no dai,  nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

 

Allah Says in the Holy Quran Chapter 65 Surah Talaq verses 1-5:

1        O Prophet! when ye do divorce women divorce them at their prescribed periods and count (accurately) their prescribed periods: and fear Allah your Lord: and turn them not out of their houses nor shall they (themselves) leave except in case they are guilty of some open lewdness.  Those are limits set by Allah: and any who transgresses the limits of Allah does verily wrong his (own) soul: thou knowest not if perchance Allah will bring about thereafter some new situation.

2        Thus when they fulfil their term appointed either take them back on equitable terms or part with them on equitable terms; and take for witness two persons from among you endued with justice and establish the evidence (as) before Allah.  Such is the admonition given to him who believes in Allah and the Last Day. And for those who fear Allah He (ever) prepares a way out.

3        And He provides for him from (sources) he never could imagine.  And if anyone puts his trust in Allah sufficient is (Allah) for him.  For Allah will surely accomplish His purpose: verily for all things has Allah appointed a due proportion.

4        Such of your women as have passed the age of monthly courses for them the prescribed period if ye have any doubt is three months and for those who have no courses (it is the same): for those who carry (life within their wombs) their period is until they deliver their burdens: and for those who fear Allah He will make their path easy.

5        That is the Command of Allah which He has sent down to you: and if anyone fears Allah He will remove his ills from him and will enlarge His reward.

 

The correct way to pronounce divorce in Islam, as taught in the Holy Quran,  is that a person gives 1-divorce to his wife when she is not in a state of menstrual impurity, and they ‘stay-away’ from each other for three menses periods.   If before the three menses period is over,  the husband and the wife decide to live together and have sexual intercourse, then the divorce is deemed cancelled and they remain as a married couple.

 

But if the three menses period duration passes,  and the couple do not come together,  then the husband and wife will be considered divorced and the woman may marry any man of her choice thereafter.  If they want to re-marry after this period,  a brand new ‘nikaah’, with a new ‘mehr’, two witnesses, etc. needs to be done for them to be husband and wife again;  but the husband has used up one of his three divorce rights,  and has only two more divorce rights left in this marriage.   The divorce and re-marriage can only be done twice;  and the third time the husband pronounces the divorce,  then it will be considered a final divorce and the couple cannot remarry;  unless the woman marries someone else and that husband divorces her or dies.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229: A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness. 

 

Thus,  in Islam,  one need not use all the three divorce pronunciations to divorce his wife.   Only one divorce pronunciation is enough to obtain divorce, and after the woman passes the ‘iddah’ or waiting period of three menses periods she is free to marry anyone she wills, and it also leaves the option for the couple if they wish to re-marry again. 

 

Q-1: If one guy said 3 divorces at a time, then what should we say about what ever Allah says in Surah Tallaq.

That means you have to send the divorced lady out of house, becasue she is non-mehram to you, and in the surah Allah says that nor you can command them out of home nor they should leave.

Al-Muwatta Hadith 29.1

Yahya related to me from Malik that he had heard that a man said to Hadrat Abdullah ibn Abbas (r.a.) , "I have divorced my wife by saying I divorce you a hundred times. What do you think my situation is?"  Ibn Abbas (r.a.) said to him, "She was divorced from you by three pronouncements, and by the (balance) ninety-seven, you have mocked the Aayah of Allah."

 

The Command and Law of the All Knowing Lord in His Glorious Quran in Surah Talaq in 65:1: ‘and turn them not out of their houses nor shall they (themselves) leave’ is only until the wife fulfills her full three menses periods of ‘iddah’ after the first two divorces.  If during the passage of the first two ‘iddahs’ if she is not taken back by her husband, the couple will be deemed divorced, and the wife should thereafter perform the veil from her husband and leave the house.

 

At the pronouncement of the third and final divorce, since there is absolutely no room for reconciliation the wife immediately becomes a non-mehram and must perform the veil or purdah from her husband, and thus the wife has an option to either perform this ‘iddah’ period in the house of her husband or anywhere else she chooses.  The command of Allah Subhanah in Surah Talaq ; ‘and turn them not out of their houses nor shall they (themselves) leave’ does not apply after the third final and irrevocable divorce is announced.

 

But if the husband pronounces only one or two divorces to his wife, it is not legal for him to force the wife to leave his house, nor is it legal for the wife to leave the house, until she has fulfilled her ‘iddah’.  The wisdom behind this command is that it is possible that during this waiting period of approximately three months the husband and wife may wish to reconcile, and remain married; whereby the divorce will be cancelled and they will remain married. 

 

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