Ruling on Talaaq given in writing and during menstrual cycle
Question
Salaams,
I required some advice in regards to my current situation.
My husband and I have recently been married, and due to pressure from family and anxiety building up, my husband wrote 3 talaks to me on a paper and this was handed to me.
At the time I was not in a pure state.
Both me and my husband are repenting and wish to reconcile. I am still in my iddah period.
Can you please advice if there is a way we can reconcile and become one again
Answer
-
The law is that
Talaaq
given while the wife is in her menstrual cycle, although it is a sin, it is valid (legally binding). -
Talaaq
given on paper is also valid. It will be valid from the time it is written. The only time it is not valid is if the man is forced to such an extent that he genuinely fears losing his life or severe harm to the body. -
It is impermissible to give all three
Talaaq
together, however, all three are regarded valid (legally binding).
Talaaq. If he gives one or two and the female spends the Iddah then she is free to marry him again if she chooses, however, once he has exercised his right to give all three then after the
Iddahof three whole menstrual cycles, she is free to marry anyone suitable but not her ex-husband. It is mentioned in Surah Al-Baqarah after the mention of the first two
Talaaq,
Talaaqthen now she becomes unlawful for him and she will spend her
Iddahand then be free to marry any other suitable man but not her ex-husband. Once she has married another suitable man and practised coitus with him, then if she gets divorced by him, spends her
Iddah, only then can she be permitted by the Law of Allah to re-marry her first husband. This is the law of Allah and the Prophet Muhammad peace and blessings be upon him and Allah knows best.
Have three Talaaq occurred?
Question
AssalamoAlaikum.. My husband divorced me 3 times at 2 different occassions , so i want to know if 3 divorces really occurred or not..
(1) he divorced me 2 months ago with the intention of 1 Talaq, saying this: "im giving you 1 Talaq", But we made rujoo and started living together again.
(2)Now 2 months after that, yesterday morning i was at my parents home, he called me and said "Talaq to you", then someone asked him to say my name and then say Talaq, Then he repeated "Mehak i give you 1 Talaq".
Please Sir, can You tell if These are 3 Talaqs in total? Tell me if 3 Talaqs have occured or not? Because he has used the word Talaq, and the entire phrase 3 times in 2 different occassions.
Answer
Wa Alaykum Al-Salam
As per the information provided in the question, all three talaaq
have occured and it is compulsory upon both to stay away from each other to protect themselves from 'haraam' as they are not lawfully husband and wife anymore.
The second and third talaaq
that the husband has given two months after the first talaaq
are definitely considered as two seaparate talaaq
even if the husband says that the third time he said the words with his wife's name, his intention was to provide a repetition of the second talaaq
. This excuse or reason is not considered by law as the words he has used are sareeh
(clear) and in sareeh
this excuse is not valid.
In Surah Al-Baqarah, Verse: 230, Allah has said,
“And if he divorced her (the third time), then she is not lawful unto him thereafter until she has intercourse with another husband. Then if he (the other husband) divorces her then it is no sin for both of them that they come together again if they consider that they are able to observe the limits of Allah. And these are the limits of Allah, He manifests them for people who have knoweldge.”
The above verse of the Quran explains that they may only wed each other again after halalah
has taken place and Allah knows best.
Zahid Hussain Al-Qadiri
(Beggar at the doorstep of Scholars)
28th Rabi al Awwal 1437 AH