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My husband and I fought and I asked him for divorce. He said, “Ok, you are free. Tallak tallak tallak.” Does talaq take place?

Answered as per Hanafi Fiqh by Askimam.org

Salam. Me and my husband fought and I ask for divorce and he said I won’t give it to you; but after few more fights he said ok you are free from me, tallak tallak tallak. But I don’t have any place to go, I am all alone here so after all that he said let’s forget everything and we started living together as we were… does tallak take place or not? It’s been one month now. What should I do?

Answer

In the Name of Allāh, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

This is a most unfortunate and grievous situation. A husband and wife should never allow their marital quarrels to reach such a pinnacle. Muslims, rather mankind in general, must be cautious regarding their actions as each person is responsible for his or her actions. If a person is careless in this regard, the repercussions will be severe. In this case, you and your husband allowed your emotions to overcome your better judgment; as a result, your husband divorced you. Moreover, he issued three divorces whereby one would have sufficed. There was absolutely no need for him to utter the words of divorce thrice. We thus regretfully inform you that the divorce has taken place and that it will not be permissible for you to continue your previous relationship and live with him as husband and wife. We advise you to perform your iddah and refrain from any type of relations from your previous husband. After the termination of the iddah you will be free to remarry another husband. We would also recommend that you be very cautious in the future in regards to your actions and statements.  

And Allāh knows best.

Muftī Yusuf Ibn Yaqub
Washington, DC (USA)

Concurred by:

Muftī Abrar Mirza
Chicago, IL (USA)

 

Under the Supervision of Muftī Ebrahim Desai (South Africa)

 

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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