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Wife not hearing the talaaq

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I want to know that I gave talaaq to my wife once and then we revoked. After a year there was some problem again and I gave her Talaaq once. After about a week of second time, she started insisting with me that she did not listen that I gave her talaaq so it is not valid because she did not listen but I remember that I had told her talaaq one time. We want to know what Deen says in this case if husband say that he gave talaaq but wife says I did not hear? There was no other person at that time who can give testimony. Also, what Islam says that how we should proceed further as after revoking still there are fights and there is a chance that there may be talaaq again. I have asked my wife to sign a paper in front of Qur’an not to repeat those things which caused the fight because she did not want to bring any elder between us.

Bismillaah

A: If you issued the second talaaq but your wife did not hear it, then too the talaaq is valid.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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