Mu' meneen Brothers and Sisters,

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One of our brothers/sisters has asked this question:

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Dear Burhan Bhai,

Hope you are doing well. Can you please clarify me that what will be the Islamic/legal status of Husband and Wife under following circumstances?

 

1)    Husband tells his wife 3 times in one sitting that “I divorce you”.

2)      Husbands gives two divorces in one sitting and after a year or so, gives 3 divorces in one sitting.

3)      Wife tells her husband in anger state that you are my “Brother” and I want divorce from you.

 

Please reply me on above as early as possible.

Jazakallah.

 

 

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Answer:

 

Divorce three times

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: Husband tells his wife 3 times in one sitting that “I divorce you”.

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).

 

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.'

 

Q-2: Husbands gives two divorces in one sitting and after a year or so, gives 3 divorces in one sitting.

If a husband has already pronounced two divorces to his wife, regardless of whether it was done in one sitting or at two different sittings, the husband would have been deemed to have used up all his revocable divorce rights in the marriage.

 

If after the pronouncement of the two divorces and before the completion of the ‘iddah’, the husband revokes the divorce and lives with his wife, he is well within his rights to do so.  But if at any time in the future, the husband pronounces one more divorce, that third pronouncement of divorce will be considered absolutely irrevocable and the husband and the wife can never remarry again until the wife were to marry another husband; and her new husband, of his own free will were to perchance give her a divorce, or he were to die. 

 

If after already giving and revoking two divorces to one’s wife, a husband wishes to irrevocably separate from his wife, all he needs to do is pronounce one divorce upon his wife, which would constitute a third and irrevocable pronouncement of divorce in the Sight of Shariah Law.

 

But if one who has already pronounced two divorces to one’s wife, announces a further three divorces when only one was required for a divorce, without an iota of a doubt, such a person has made a jest and a mockery of the Laws of Allah Subhanah!  If the person who did or does such a thing does not turn back unto his Lord and seek forgiveness for his transgression, he will be held severely accountable in the Presence of the Lord Most Majestic, Most Supreme for his abuse of the Laws of Allah on the Day of Judgment.

 

Al-Muwatta Hadith 29.1

Yahya related 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 Aayat of Allah."

 

Q-3: Wife tells her husband in anger state that you are my “Brother” and I want divorce from you.

The mere declaration of a wife to her husband that ‘you are my brother’ or ‘I want to divorce you’, regardless of whether it was said in jest, or seriousness, or in anger, or in any situation whatsoever, does not effect the validity of the ‘nikaah’ of the couple in the least in the Sight of Shariah Law and of Allah Subhanah.  Such a false and unjust declaration is only a saying of one’s ignorant mouth and such unlawful declarations have absolutely no legal basis or standing in the Sight of Shariah Law!

 

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