Someone divorced his wife in anger three times in one sitting with three children, now they are really sorry for it and the husband wants to take wife back. Hanafi fatwa is that it is counted as three and the wife must get married to another man and get divorced to get back to the first husband. Salafi and other many scholars (local and internal) telling this is one and husband can take wife back. Being a Hanafi all along, husband and wife find hard to accept fatwa from other but it is now really matter of life. But it is breaking the family and children and they like to get back. Question is that can they get back with one divorce (as per Salafi and other scholar fatwa)? This is critical for life and they want it onetime thing and not a habit to make change every time. Will it be correct if they decide to get back using fatwa from other Madhhab scholar for this one purpose and still live with Hanafi Madhhab? What does Shariah say to accept fatwa from other Madhhab? Please reply
بسم الله الرحمن الرحيم
(Fatwa: 378/378/SD=07/1436)
Three talaqs take place by giving three talaqs in a single meeting. It is agreed upon by Sahabah, Tabi’een and majority of Fiqh and Hadith scholars. Declaring Salafis three talaqs as one is totally wrong. It is not lawful to practice their fatwas. Hence in the question mentioned above if the husband has given three talaqs in a single meeting then now there is no way out to marry the wife except a valid halalah. If you practice the wrong fatwa of the Salafis your wife shall not be halal for you.
ذهب جماهير العلماء من التابعين و من بعدهم – على أن من طلق امرأته ثلاثاً وقعن و لكنه يأثم . (عمدة القارى: 20/234، كتاب الطلاق، ط: بيروت)
Allah knows Best!
Darul Ifta,
Darul Uloom Deoband