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:

asalomoalacum

one man has divoced his wife three time  asked from a mufti and accepted in front of mufti sb and nazim of town and in presence of brothers of his wife seprated from his wife and the matter annoused in town  after few days contacted an other mufti and told him that he donot know what he saying in anger so he replied written as the question appears that this divorse is not affective as he was not in senses at that time we want to know only that what other people of his family and relitives should do acording to islam as he is doing sin pl guide us thanks MAY ALLAH HELP U AND BLESS ALL OF US

 

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Answer:

 

Irrevocable third divorce

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.

 

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.'

 

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."

 

Your Question: …..we want to know only that what other people of his family and relitives should do acording to islam as he is doing sin pl guide us

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).’

 

Whether in anger or in peace, intentionally or unintentionally, seriously or in jest, if the husband pronounces divorce upon his wife by saying something to the effect that ‘I divorce you’, a divorce will be deemed legally established between that husband and wife in marriage.

 

If the husband declared the terms to the effect ‘I divorce you’ to his wife once, one divorce will be established; if the husband pronounced the divorce a again to his wife, then two divorces will be established; and if the husband pronounced the divorce more than twice to his wife, an irrevocable divorce will be deemed established in the Sight of Shariah Law and of Allah Subhanah. 

The responsible people of the family should tell their brother who pronounced three divorces at one time to fear Allah and His Day of Accounting, and accept the repercussions of his declarations……if they do that, they would have done their duty. 

 

If the person heeds their good advice, fears Allah, seeks sincere forgiveness from Allah Subhanah for making a mockery of His Guidance by declaring three divorces at one time, and separates permanently from his wife, he will do what is right.  But if the person chooses not to heed their advice, and chooses to reunite with his irrevocably divorced wife in transgression of the Laws of Allah Subhanah, he will be held severely accountable for his manifest transgressions in the Court of Allah Subhanah on that Inevitable and Tumultuous Day of Judgment.

 

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