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Is a marriage valid after the third talāq?

Answered by 

Shaykh Ebrahim Desai

Background: 

A – Father
B – Mother
C – Son – myself 1984
D – daughter – my sister 1 1981
E – daughter – my sister 2 1982
F – daughter – my sister 3 1983
G – daughter – my sister 4 1990
F – A’s ex-wife 
A marries F forcefully as A was very wealthy, all A’s relatives allowed and forced F to marry A.  Later, F runs away from the home and marries someone else. 
A then marries B.  
Years later, after D, E, F, C,and G births and after they reached teenage.  
D falls in love with her cousin.  A finds out about this and physically beats all the kids for the actions of D.
years later:  In 1997, B commits adultery, A lived overseas for more than a year at a time ever after 1986. In one of the visits, A finds out about this, becomes upset and curses B for doing so.  In the process curses, E the most – reason was her looks were similar to B.  He does not divorce B because he has to get his daughters married.
Later, knowing about D’s affair, he blackmails her to marry a boy of his choice or else he would divorce B.  D sacrifices and marries her dad’s choice.
E falls in love with a boy and runs away as the boy’s parent’s did not like the girl.  This happened few days before Es marriage was fix and she ran away with here boyfriend when she was out with her future husband. E is caught at her friends house and is brought back to apologize her to be husband and marries him within few days.
First divorce:
In this situation (where E was back and was now prepared to marry her to be husband), A divorces B saying that it is all your tarbiyah, while A never lived with his kids during the teenage life.  A allowed the entire family and kids to move out from KSA to india for future studies of D.  A accepts B back with nightly relations after few days (5-10 days).
Entire family A, B, D, E, F, C, G goes to KSA and live together.
Later, gets F married to the man of F’s choice.  
C goes to USA for studies and becomes religious.  A gets cancer and gets through the first surgery successfully.  C completes education, gets a job in USA and goes back to india for a reunion visit (All others travel from KSA for reunion).  
Second Divorce:
C was being invited by A’s sister for a family religious sermon by A’s sister.  C criticizes the belief system in a generous fashion (prior to this, C criticized A’s sister for biddah in the past).  A dislikes this and later gives second divorce to B.  A accepts B back with nightly relations after few days (5-10 days).
After many more years, G gets married.  
A’s cancer returns back and he goes through second surgery successfully. 
Third Divorce:
No reason, just normal phone call, talking to B.  A divorces B.  A accepts B back with nightly relations after few days (5-10 days).
A- THOUGHT THAT AFTER ANY DIVORCE – TAKING WIFE BACK WILL RESET THE DIVORCE COUNT TO ZERO.  
He visits india and thinks about consulting a mufti in india, ALL mufti/imams in hyderabad said the marriage has ended.
A goes to KSA with B and there he consults a mufti, after explaining the situations and ignorance.  Mufti says, they will have to marry with new mehr.  So A re-marries B again.  (they do not remember the explanation given by the mufti).
Question:  atleast three years past by, Now they need a second opinion.  Are they sinning if they live together, was their remarriage valid?  Is there forgiveness to ignorance?  A’s doctor has said there may be some signs of cancer from preliminary checkup last week.  B is concerned if the cancer returns and they wouldn’t be anyone like her to take care of A as A is very dependent on B.  They are living in harmony after their remarriage.

Answer:

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

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

We require further clarification on the issue. Kindly elaborate the exact statements of talāq issued by A to B. Such clarification will remove any ambiguity and will help us to determine whether three talāqs had taken place or not. Furthermore, clarify the statement of divorce issued by A to F as well.

We also advise that tawbah and istighfār should be made for whatever wrong or sins that were committed in the past. It is well known to each and every person for whatever sins that they have committed.

May Allah Ta‘āla grant your father complete protection from cancer or any form of sickness. Āmīn.

You may send your clarifications to admin@daruliftaa.net.

And Allah Ta‘āla Knows Best

Fahad Abdul Wahab

Student Darul Iftaa

USA

Checked and Approved by,

Mufti Ebrahim Desai                                                                                                                                                                                                               

www.Daruliftaa.net


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

Tags: Adultery, cousin, Divorce, education, fashion, friends

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