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 Walikum Wa Rehmatulhi Wa Barakatu.

Dear Brother in Islam,

 

Jazak Allah khair for your quick response to my questions.

There is something else that I would like to ask you.

 

I had taken khula from my husband 3yrs before through the court but my husband never received those papers nor he accepted it. He always wanted to patch up. Few months back somewhere in Jan. 06 he called me again to patch up, we were having some discussion on these issues and our discussion changed into argument and he got angry and on the phone he said it 3times that he is giving me TALAQ"

 

After that I hang up the phone and we never talked again till today. Now he calls me again and says he had done a mistake and he wants to patch up.

I have consulted with many molvi`s around but I want to be sure about the situation now.

 

1 - Is that divorce valid?

2- If NO, can we get into a relationship of husband & wife again? If YES, then do we have to do nikah again or it is not required?

Please explain in detail.

Jazak Allah Khair,

 

Your sister in Islam

 

(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:

 

Given three divorces on phone

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.

 

Q-1: Is that divorce valid?

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).

 

Dear and beloved Sister, you have stated that three years ago you took a ‘khula’ divorce from a Court (of Shariah)…..thus, regardless of whether your husband received the papers, or accepted the divorce or not…..because the Shariah Court had granted a ‘khula’, one divorce between you and your husband would have been established in the Sight of Shariah and of Allah Subhanah. 

 

Assuming that the ‘khula’ divorce you sought and took from the Shariah Court was the first divorce between you in the marrage, there was a possibility of revoking the divorce, since the first two divorces are indeed revocable in Shariah. 

 

But subsequently, because your husband pronounced three ‘divorces’ to you on the phone……in the Sight of Shariah and of Allah Subhanah, an absolutely irrevocable divorce has been established in your marriage; and there is absolutely no way for the two of you to ever seek to remarry again….unless you happen to marry another person, and that person were to divorce you.

 

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

230    So if a husband divorces his wife (irrevocably or third time) 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.

 

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).’

 

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.'

 

Thus beloved Sister, regardless of how your husband declared the three pronouncements of divorce, an absolutely irrevocable divorce between you and your husband has been established in your marriage in the Sight of Shariah Law and of Allah Subhanah.

 

Q-2: If NO, can we get into a relationship of husband & wife again? If YES, then do we have to do nikah again or it is not required?

From the three pronouncements of divorce from your husband, an absolutely irrevocable divorce has been established in your marriage and it would be absolutely impermissible and forbidden in Shariah for the two of you to ever seek to marry each other again….unless and until you happened to marry another person, and that new husband were to divorce you, or die. 

 

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