I need a clarification about divorce. I was gifted a very noble wife, however, my siblings treated her like a slave. One day, in September 2015, a big fight happened in my family. There were lots of relatives present in the house. So, to teach my family members a lesson, me and my wife planned a fake divorce. After the fight, my wife went to my father and told her that I gave her a divorce, but she could not act properly. My family and relatives gathered around us to confirm because no one was around according to them. Another fight happened, to make sure they believe this drama, I said talaq, talaq than 3 times. But I did not have the intention of it, neither did I pointed that I am giving talaq to my wife and never took her name whole time. But me and my wife got scared and I consulted a Mufti in Govandi (Mumbai). I narrated him the whole drama, word to word, which he assured that talaq has not happened. So me and wife continued living happily. Recently a friend of mine who stays in Najibabad, shared the story with a Mufti Sahib somewhere in Saharanpur. I was called there and I narrated the same story to him. And he confirmed that the talaq has happened. I could not take that fatwa from him, because the way he spoke to me and was curious and was happy while out this decision. Very recently, me and wife were discussing about it and she enlightened me with few things which I failed to remember in the rage of a fight in September. She told me that I took her name and said talaq more than 3 times. Since then, I m very worried. I would really appreciate if you could not help me. May Allah give you the best house in Heaven. Please try to reply soon.
بسم الله الرحمن الرحيم
(Fatwa: 614/614/B=08/1437)
You have uttered the word talaq, talaq, talaq, three times clearly. However, talaq occurs in clear-cut words whether talaq is not intended. And talaq is given to one’s wife not to some strange woman. Here the woman is saying clearly that you have divorced her by her name three times. Hence in the question mentioned above all the three talaqs occurred on your wife and she became mughallaza baina. She became haram for you. Now you cannot keep her with you without a Shariah halalah.
Allah knows Best!
Darul Ifta,
Darul Uloom Deoband