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:

Qur`an clearly orders men to give Talaaq one at a time. If a man in anger says Talaaq three times, then will these be counted as one or three ??

I have seen a few HAidths where a man in anger have 3 Talaq at the same time, and they were counted as three, and Talaaq was effected.

 

This is important point since most of the time men are very angry while they say these words, and have no sense of what they are doing. If later on, they repent, and want the wife back then is it possible ?? 

(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:

 

Give 3 divorces and wish to take wife back

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.

 

Your Statement: Qur`an clearly orders men to give Talaaq one at a time.

Allah Says in the Holy Quran Chapter 65 Surah Talaq verses 1-2:

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

 

Indeed, the Quran and the Sunnah guide the believers who wish to divorce their wives, to give one divorce at a time and accurately count the ‘idda’ or waiting period; the main wisdom behind the command being that if after the one (or two) pronouncements of divorce they change their mind, there is a chance of reconciliation in the marriage.

 

Your Question: If a man in anger says Talaaq three times, then will these be counted as one or three ??

Al-Muwatta Hadith 29.1

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

 

If a person, in anger or otherwise, pronounces three divorces to his wife; the absolute majority of the good scholars in Islam are unanimous in their opinion that it will count as three divorces and thus irrevocable. 

 

Your Question: This is important point since most of the time men are very angry while they say these words, and have no sense of what they are doing. If later on, they repent, and want the wife back then is it possible ?? 

Marriage and divorce pronouncements are taken extremely seriously in Islam, for it forms the basis or foundation of a righteous society.  Whether one declares the divorce pronouncements casually, or seriously, or as a joke, or in anger, or in any other state….it will be deemed as a serious and binding announcement in the sight of Shariah and 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.)’

 

Your Statement: If later on, they repent, and want the wife back then is it possible?? 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 220-230:

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.

 

If the man has pronounced one or two divorces, there is room for taking the wife back in marriage.  If after the pronouncement of the first or second divorce, the man takes the woman back or conjugates with her before the end of her ‘idda’ or waiting period, the divorce will be deemed cancelled and the couple will remain husband and wife; but one (or two) or his three divorce rights will be utilized.

 

If the ‘idda’ or waiting period of the divorce has passed after the pronouncement of the first or second divorce, the man and the woman can still get together by performing a brand new ‘nikaah’ with a new mehr, but the man will have lost one (or two) of his three divorce rights in the marriage.

 

If the man has pronounced all three of his divorce rights, then the divorce will be considered irrevocable in the sight of Shariah and Allah Subhanah; and there is absolutely no way the couple can remarry except if the woman were to marry and consummate her marriage with another man; and the new husband dies, or of his own free will, divorces her.  Only after that, can the first husband approach and seek the hand of his ex-wife in marriage.

 

Repentance after announcing three divorces to one’s wife does not nullify or make void the irrevocable divorce in the sight of Shariah or Allah Subhanah; therefore the man who wishes to pronounce a divorce to his wife must fear Allah, and give it a lot of serious thought before announcing something from his mouth which would irrevocably effect his marriage and life.

 

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