IslamQA.org Logo

Salam-Alay-Kum, Sir, almost three months back my self and my wife we were staying alone in Bahrian just before ramadan we both had a big fight and that time she was in her monthly cycle infact the matter was out of hands and we beat each other and in anger she first gave Talaq to me by taking Allah as Gawah to which i have called her parents in India and inform the same and called my family as well and was talking to them during that time as well she was still shouting at me and using bad language and that time I was too at the highest level of my anger and really out of my mind which I never encountered in my life till date. While I was still on phone talking to my mummy and Bahbi and she abusing me and during that time also i was out of control and immense anger have said that I take you (bhabi) as gawah and divorce her (thrice) which I even doesn’t recollect that have given once or thrice and my bhabi says that I said it thrice. After 3 days she went to India and since then she is staying at her house and not in my house and both of us are not in physical contact since then but we talk once in a while. but since that day have not talked abt divorce at all nor she remembers the incident as she has not inform her parents about it as well. My question to you sir is does my Talaq counts or not under this conditions. as I am confused have ref to the Sahi Bukhari Sahrif and in that it is clear mentioned that under these circumstance (she in her Monthly Cycle) doesn?t count. even if I gave her once or thousand times. And secondly if your really out of our mind and pronounced divorce thrice does it counts. Can you please guide me sir..

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
Salam-Alay-Kum, Sir, almost three months back my self and my wife we were staying alone in Bahrian just before ramadan we both had a big fight and that time she was in her monthly cycle infact the matter was out of hands and we beat each other and in anger she first gave Talaq to me by taking Allah as Gawah to which i have called her parents in India and inform the same and called my family as well and was talking to them during that time as well she was still shouting at me and using bad language and that time I was too at the highest level of my anger and really out of my mind which I never encountered in my life till date. While I was still on phone talking to my mummy and Bahbi and she abusing me and during that time also i was out of control and immense anger have said that I take you (bhabi) as gawah and divorce her (thrice) which I even doesn’t recollect that have given once or thrice and my bhabi says that I said it thrice. After 3 days she went to India and since then she is staying at her house and not in my house and both of us are not in physical contact since then but we talk once in a while. but since that day have not talked abt divorce at all nor she remembers the incident as she has not inform her parents about it as well. My question to you sir is does my Talaq counts or not under this conditions. as I am confused have ref to the Sahi Bukhari Sahrif and in that it is clear mentioned that under these circumstance (she in her Monthly Cycle) doesn’t count. even if I gave her once or thousand times. And secondly if your really out of our mind and pronounced divorce thrice does it counts. Can you please guide me sir..

Answer

(Fatwa: 1920/D=405/k=1431)

Your wife was divorced with three mughallazah talaqs (irrevocable divorces) when you acknowledge pronouncing three talaqs. The nikah of both of you ended completely. Talaq also takes place in anger, and generally, it is given in the state of anger. Likewise, talaq takes place in pregnancy as well.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

Find more answers indexed from: Darulifta-Deoband.com
Read more answers with similar topics:

More Answers…