Question:
salaam,
I just want to know the rules of talaq if I have said talaq three times in anger is it still valid? And if I want to reconcile with my wife is there a way I can do that? As much help is really appreciated
Country: USA
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
A divorce is valid when given while angry. (Tuhfat al-Muhtaj 8/32) Consequently, in the case explained above the ruling is that such a couple is irrevocably divorced. If the husband was angry until he was no longer duty-bound, then the pronouncements were not effectuated. If he claims such, then it is upon him to bring forth proof that establishes that he was in such a state; along the line of an insanity plea. If he fails to bring such proof, then they are divorced. Sh. Ahdal, in ‘Umdat al-Mufti wa al-Mustafti, cited Hubayshi who voiced this ruling.
After a three-fold divorce, cohabitation as husband and wife, and enjoying any spousal rights, is no longer lawful between them. They must separate, and may only remarry after she marries another man, that marriage is consummated, then that marriage is terminated, and her waiting period expires.
And Allah knows best.
Shafi’i Fiqh Fatwa Dept.