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:

First of All, i would like to thank you for your service to the People, Allah may bless you. one of my friend had do talaq to his wife on 2001, that is three talaq in one time, after that they are living alone. but nowdays the both are want to joind together. what islam says abt that in the light of Quran and Sunnah.

Zajakallah.

 

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Answer:

 

Marry after 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.

 

May Allah Subhanah reward you with the best of this world and the Hereafter for your kind comments of encouragement for our humble efforts in the propagation of the Truth.  If our humble and modest efforts have helped even one brother or sister get closer to Allah and His Deen of Truth, then we would consider ourselves indeed fortunate to have been given this opportunity by the Lord Most Merciful to serve in His Cause.  We hope, beg, and pray the Merciful Lord accepts our humble and weak efforts, forgives us our shortcomings, and saves you, us, and all the believers from the torment of the Hell Fire.  Ameen.

 

Your Question: ….one of my friend had do talaq to his wife on 2001, that is three talaq in one time, after that they are living alone. but nowdays the both are want to joind together. what islam says abt that in the light of Quran and Sunnah.

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).

 

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).’

 

Regardless of whether the husband pronounces the three divorces in anger or not, regardless of whether it was pronounced verbally, or in writing, or through the telephone or any other means of communication, etc…..absolutely regardless of how, when, and why the divorces were pronounced, as long as the husband declared the three pronouncements of divorce upon his wife, an absolutely irrevocable divorce will be legally established between the couple in the Sight of Shariah Law and of Allah Subhanah.

 

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 between the couple in the Sight of Shariah Law and in the Sight of Allah Subhanah.  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.'

 

Your Question: …..but nowdays the both are want to joind together. what islam says abt that in the light of Quran and Sunnah.

Because the husband chose to make a mockery of the Laws of Allah Subhanah and declared three divorce pronouncements in one go when only one would have sufficed to obtain a divorce, he should fear Allah and accept the full responsibility and consequences his transgression would bring upon him.

 

The absolute majority of the scholars and jurists in Islam are of the opinion that the three pronouncements of divorce would act as three divorces, and an absolutely irrevocable divorce between the couple would be established in the Sight of Allah Subhanah.

 

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

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 husband chose to give three divorces unto his wife, regardless of whether the three divorce pronouncements were made over a period of time or in one go…an irrevocable divorce will be deemed established between the couple in the Sight of Allah Subhanah…..and the same couple can never never ever remarry each other again unless and until the wife happens to marry another person, and her new husband of his own free will divorces her, or dies.

 

If one trusts, obeys, and follows the guidance and commands of Allah and His Messenger (saws),   one can be assured of never ever being misled;   but if one believes, obeys and follows any other guidance, other than that of Allah and His Messenger (saws), one can be assured of being led astray.  

 

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