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Is a divorce considered valid if pronounced before the 40th day after childbirth?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Dear Mufti Sahab, I am mentioning consequences first and then asking few questions as given below. Detail of the affair, as given below: – I had a fight with my wife, within first month of our nikah, till then she didn?t have menses. Which upsets me a lot. She was shouting, and was asking TALAQ from me. I was already in serious depression, because of that fight and was thinking of “Is this, for what I married to this woman”. I was deeply upset and in depression at that time. My wife kept asking me to give her TALAQ and leave her, numerous times during that fight. She kept yelling at me, to put pressure on me. Due to which I thought or I may say, that I decided to give her “3-TALAQ at once”, so that I will not be able to return to her, even if I wish to. I wanted to make her feel the same pain I was feeling that time, after giving her TALAQ. So, that she will be able to return to me or stay with me as a wife, or through giving her shelter in my home and keep her with me and fulfilling her all financial needs, but not touching her at all. But, when I said to her that “I am giving you 3(three) TALAQ at once, so that from now on, you will become haram for me and I could not return to you, neither take your duties as a wife, from this TALAQ you will be an independent woman and can marry any other man, to whom you like”. She immediately got shocked and started crying and telling that she didn’t wanted TALAQ. Instead she was expecting some nice words and supportive behaviour from me. Then, I thought of “what I had done?? but in heart I didn’t want to get her back in nikah, even if, it is allowed. So that she has to feel the pain of not getting love, attention, understanding and care of the husband, while living under the same roof. But, the host, in whose home we were staying, told us that it was not TALAQ and TALAQ could not happen in this way. Specially in feeling of aggression, depression or anything, when mind is not in normal state or when man’s saying or behaviour are different from his regular and normal Mood / behaviour. Which seems logical to me. Due to which, I returned to my wife and made sexual contact with her on the same night. And after that day I kept normal physical relation with her. Through which she become pregnant & now she has 6 months of pregnancy. Questions:- 1. Please guide me; do I really gave her TALAQ and will it happened ? 2. Are we still in NIKAH ? Do I permissible to keep normal marital (physical / sexual) relation with my wife ? 3. What if, after that day of the fight giving her TALAQ, I returned to her and kept normal marital (physical / sexual) relations with my wife. Due to which she became pregnant and having pregnancy of 6 (six) months ? 4. What about our soon to born child ? What ALLAH and his prophet SAW says about him ? What is mentioned in the Shariah about the child born due to and under such circumstances ? 5. Due to above act, will ALLAH punish us ? Then what will be his punishment ? How could we both repent to ALLAH for our sin, if it is. So that he forgive us for our ignorance. What ALLAH and his prophet SAW says in QURAN and HADITH ? 6. What will be the rules in Shariah, please answer with full and complete references of QURAN and HADITHS ? 7. Please, Give full and complete references of Quran and Hadiths of all your answers. So, that it will be possible to cross ? check all references you will be giving in this respect. Please publish reply of the above both on your website, so that everybody can see and be clear on such an important and common matter. And also send a reply through email.

Answer

(Fatwa: 380/D=50/K/1430)

(1) In the abovementioned case, three talaqs took place.

(2) Therefore, having physical relation is unlawful, separate yourself from wife; she is not halal for you before halalah.

(3) You committed unlawful act by having physical relation after talaq.

(4) The child will be yours and legitimate.

(5) Since this relation took place due to ignorance, therefore the hadd (penal code) will not be executed, but you should repent to Allah sincerely and ask for His forgiveness.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.