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Remining in contact after three talaaqs

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I gave my wife 3 talaaqs 9 years ago. We have two daughters who were 2 and 4 years at the time. First talaaq was given while my in laws were living with us. We got into a very bad argument (screaming and shouting) and I wanted to leave the house but my father in law insisted that I give her talaaq. Unfortunately I did not know much about rules of talaaq back then.We were apart for 6-7 months but reconciled and made nikkah again. At this time my then wife was looking after and supporting her parents as they were out of work, which put a lot of strain on our relationship. We had another disagreement a few months later and I consequently issued her with another talaaq and while issuing her with the second one she insisted that I give her a third talaaq. My wife was a very stubborn woman and while I am not short tempered if I do get angry I “snap”. At this stage I became so enraged that I issued her with the third and final talaaq. The third talaaq was issued out of pure rage and this is something that I regret to this day. As stated before it is now 9 years later and neither myself or she has been with anyone else. For the past 9 years it seems as if we have have grown closer to one another (without her parents involvement as they have moved to Cape Town). I would like to know if there is any chance that we can reconcile and get married again? A few days ago she confessed that she still loves me and I in turn also confessed that I still love her. At the time I did not know the implications or conditions of talaaq and have asked Allah for forgiveness as I realize what I did was wrong.

Bismillaah

A: From the time you issued three talaaqs, the nikaah had terminated and she no longer remained in your nikaah. Thereafter it was not permissible for you to be in contact with her or to speak to her. You both should sincerely repent to Allah Ta’ala for being in contact with each other and make a firm resolve that you both will not repeat this sin in the future. It is not permissible for you to marry her unless halaala takes place. For the details of halaala refer to http://muftionline.co.za/node/15993

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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