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Divorce Sceanario

Answered according to Hanafi Fiqh by Askmufti.co.za
Q: I warned my wife by saying “If you go to your brother’s home, you are divorced”. I said this statements 5 times. Now, despite my warning my wife went to her brother’s home. Can you please tell me if any Talaaq (divorce) took place or not and how many?

A: The statement “If you go to your brother’s home, you are divorced” is called a suspended Talaaq. If the condition mentioned in such a statement is found then Talaaq will occur. In this case, if the wife went to her brother’s home, one Talaaq-e-Raj’ee will fall. The fact that he repeated this statement several times does not mean that more than one Talaaq will take place. The purpose of him repeating this was to emphasize his point that he did not want her to go to her brother’s house.

Therefore, only one Raj’ee Talaaq has occurred. The husband can take his wife back during the Iddat without a new Nikah. If the Iddat is over, they can marry each other again by making a new Nikah.

And Allah knows best

Mufti Siraj Desai

This answer was collected from AskMufti.co.za, which is operated under the supervision of Mufti Siraj Desai of Darul-Uloom Abubakr, South Africa.

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