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I have said three times divorce during an intense argument with my wife

Answered as per Hanafi Fiqh by Askimam.org

 I have said three time divorce during a intense aruguement with my wife of 19 years marriage with three children. Now i regreat and crying to Allah day and night including the wife for forgiveness and to get back as hiusband wife again if Allah Will.

We have fatwa from both Hanafi which we follow now. Also got Fatwa from other schools of thought scholars. The fatwa we got from each side is totaly opposite to each other. One is saying it is three divorce and it is irrevocable. 

Other is saying (we had from several scholars) that it is only one and I ahve take her back with Ruju.

As you know it is matter of life here and here after and we have three kids with two girls and we like to get back and we are broken with this now. Life will be real lost for all of us. We will cry and lost for the rest of the life. We love each other and the kid.

We need some help,

First – what you thought on this? Is this one or three divorces?

Second – Been from Hanafi followers closely, can we Take this ONE fatwa as it is a real need for our life from other Madhab as this is also based on Quraan and Sunnah we belive. All Madhabs are based on Qurran and Sunnah?

We se evarious opinion on this also. Please can you guide us on this and help us a for better decison for this life and life here after.

He is about to complete the Iddha and need some help please as soon as possible.

Answer

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

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh

You state that you said three time divorce during an argument with your wife.

If you issued three Talaaqs to your wife, the three Talaaqs are valid and considered as Talaaqe Mughallazah (permanently irrevocable divorce).[1] The implications thereof being that the Nikaah terminated at the point when you issued the three divorces and you cannot live as husband and wife together. You should immediately separate from your wife.

Your wife’s iddat will be counted from the time you issued the three divorces.

Should you wish to re-marry you ex-wife, your ex-wife will have to marry another person, consummate the marriage and then make a new Nikaah with you after her Iddah if her second husband divorces her.

You state that you also consulted with other scholars who differ from the above view. Three divorces issued in one sitting constitutes three divorces and not one. Kindly read the following detailed research for further clarity: http://www.askimam.org/public/question_detail/17287

Should you require further clarity on the above issue, you may contact the Darul Iftaa or any competent local Mufti/Alim/Islamic Organization.

Darul Iftaa Contact Details:

Tel: 031 207 5772/072 786 4923

Country Code: +27

And Allah Ta’āla Knows Best

Ismail Desai,

Darul Iftaa

Checked and Approved,

Mufti Ebrahim Desai.


 1والبدعي ثلاثة متفرقة و بالأولى إذا كانت مجتمعة و ذهب جماعة منهم الظاهرية و الشيعة إلى إن الطلاق الثلث جملة لا يقع إلا واحدة. (حاشية الطهطاوي على الدر ج 2/ ص 166)

كرر لفظ الطلاق وقع الكل.الدر المختار.293/3.

فاوي دار العلوم ديوبند.504/1.دار الاشاعة.

فتاوي محمودية.306/18.محمودي

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

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