Assalamu Alaikum wa Rahmatullah, I hope Insha Allah, you will be able to advice in the right direction. Please look into the following case: One Mrs. XYZ sought Khul from her husband Mr. ABC after eight years of marital life. Mr. ABC approved the request for Khul of Mrs. XYZ and Khul took place. Before the Idda period was over, the woman XYZ realized her fault and requested again for Nikkah, which the man ABC has accepted. They got remarried as per the Islamic Sharia. Within 3 months of remarriage, the Husband Mr. ABC realized and warned her that she is not obedient and not behaving properly as a wife. Finally after a few days, the Husband ABC divorced her (XYZ) during Tohar condition one time for not fulfilling the marital requirements. Before the Idda period came to an end, the wife repented and they reconciled and got united again. Again after 5 months, Husband ABC divorced Mrs. XYZ for her not obedient attitude and for not fulfilling the marital requirements. Again the wife Mrs. XYZ said, she will try to be following the marital requirements of a wife and they got reunited again. Again after reunification, the same problems surfaced again. Now the husband wants to diverse her again. Now the question is if the Husband divorces now in Tohar condition, is it considered as first Talaq, or the Third talaq? Waiting for your valuable advice on this issue. Jazak Allah Best Regards!
Answer:
(Fatwa: 1275/997=H)
All the three talaqs have occurred. (a) The Khula was synonymous to talaq baain. Then both rejoined by nikah. (b) Then, he divorced in Tuhr (when she was not in menstruation). This was second talaq. They again reconciled and rejoined. (c) Again, he gave her talaq, this was third one. So, after these three talaqs the niakah was broken and she became Haram for him. Now, the fourth talaq will be void. After passing Iddah, she can marry any man other than Mr. ABC.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband