My brother issued 3 talaaqs in writing to his wife in one sitting. Also He stated in writing that he is doing it with a sane mind. Is this talaaq valid? Some ulema that he consulted advised him that 3 talaaqs in one sitting is 1 talaaq. About one and a half month later, he finds out that she is pregnant. If she is in fact pregnant, what is the ruling regarding such a situation. He wishes to reconcile ith her because he doesn’t want the child to grow up in a single home. Also, there has been occasions of infidelity from her side while she was married to him. Also bear in mind that we all live together with our mother. His wife has verbally assaulted my mother before she left. He is not in a financial position to support himself or his wife. I pay most of the bills since I am the eldest. Is it my duty to support his wife by way of food and shelter here? What would be the best resolution for this situation. Our home is peaceful since she left.
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Based on the details given in the query, our response is as follows:
The three written talaaqs constitute talaaq-e-mugallazah (permanently irrevocably divorced). As such, your brother’s nikah has terminated.[1] He must disassociate himself from her regardless of her being pregnant.
You are not responsible for the expenditure of your brother’s ex-wife.
If he wishes to reconcile with his ex-wife, then she will have to undergo a halala procedure. In this case, she will have to marry another person and consummate the marriage. If the second husband divorces her, then after her iddat, she may re-marry your brother. Although to marry a second husband with the intention of making the first halal is incorrect, the marriage will be valid and the woman will become halal for the first husband, as long as the intention was not verbalised and stipulated as a condition in the contract of marriage.[2]
You may refer to the following links for further information on the issue of three talaaqs not being one.
http://www.deoband.org/2013/05/fiqh/divorce/are-three-divorces-issued-in-one-sitting-counted-as-one/
http://www.askimam.org/public/question_detail/17287
And Allah Ta’āla Knows Best
Fahad Abdul Wahab
Student Darul Iftaa
USA
Checked and Approved by,
Mufti Ebrahim Desai
[1] وأما الطلقات الثلاث فحكمها الأصلي هو زوال الملك، وزوال حل المحلية أيضا حتى لا يجوز له نكاحها قبل التزوج بزوج آخر؛ لقوله – عز وجل – {فإن طلقها فلا تحل له من بعد حتى تنكح زوجا غيره} [البقرة ٢٣٠] وسواء طلقها ثلاثا متفرقا أو جملة واحدة
[بدائع الصنائع ج٤ ص٤٠٧ دار الكتب العلمية]
[2] فَإِنْ تَزَوَّجْت بِزَوْجٍ آخَرَ وَمِنْ نِيَّتِهَا التَّحْلِيلُ فَإِنْ لَمْ يَشْرُطَا ذَلِكَ بِالْقَوْلِ، وَإِنَّمَا نَوَيَا، وَدَخَلَ بِهَا عَلَى هَذِهِ النِّيَّةِ حَلَّتْ لِلْأَوَّلِ فِي قَوْلِهِمْ جَمِيعًا؛ لِأَنَّ مُجَرَّدَ النِّيَّةِ فِي الْمُعَامَلَاتِ غَيْرُ مُعْتَبَرٍ فَوَقَعَ النِّكَاحُ صَحِيحًا لِاسْتِجْمَاعِ شَرَائِطِ الصِّحَّةِ فَتَحِلُّ لِلْأَوَّلِ كَمَا لَوْ نَوَيَا التَّوْقِيتَ، وَسَائِرَ الْمَعَانِي الْمُفْسِدَةِ (بدائع الصنائع، ج٤ ص٤٠٨ دار الكتب العلمية)