My wife does not know i have done this as no one told her this. but i want her back.
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:
Dear
Sir,
I in
2 months back i said i divorce my wife 3 times infront of my mother and one
month back i said 3 times divorce infront of my friend.
my wife does not know i have done this as no one told her this. but i want her
back. is she divorced i did this in her asence. will this be considered 3 as
divorces or 2 ? is there any chance i can have her back? please advise
(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:
Three irrevocable
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 verses 229-230:
229 A (revocable) 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 for the 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 absolutely irrevocable divorce will be established in the
marriage. 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 (r.a.), "I have divorced my wife by
saying I divorce you a hundred times. What do you think my situation is?"
Ibn Abbas (r.a.) said to him, "She was divorced from you by three
pronouncements, and by the (other) ninety-seven, you have mocked the Aayat of
Allah."
Your
Statements: I wrote divorce 3 times in a papers 4 months back and asked my
friend to sign it…….2 months back i said i divorce my wife 3 times infront of
my mother and one month back i said 3 times divorce infront of my friend.
my wife
does not know i have done this as no one told her this
If you have pronounced or declared divorce to your wife
three times, regardless of whether verbally or in writing, regardless of
whether your wife was present when you made the declarations or not….because
you chose to use all your three divorce rights in the marriage, an absolutely
irrevocable divorce has now been established between you and your wife in the
marriage in the Sight of Shariah Law and in the Sight of Allah Subhanah.
Your
Question: is there any chance i can have her back? please advise
Allah Says in the Holy Quran Chapter 2 Surah
Baqarah verse 230:
230 So if a husband divorces his wife (irrevocably for the 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.
Because you chose to declare three (or more) divorces unto
your wife, an absolutely irrevocable divorce has now been established in the
marriage and it would be absolutely unlawful for you to remarry the same woman
again, unless and until your ex-wife happened to marry someone else, and her
new husband, of his own free will happens to divorce her, or he dies.
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
