Assalamualaikum wa rahmatullah la hi wa barakatuh mufti saahab, I would love to come in person and ask you this question but I?m ashmed with the situation I?m in below. You know me extremely well but again I?m extremely ashmed of myself with the situation I?m in below and I feel ashmed of showing you my face or telling you my name. I have written the question best to my knoweldge. If a husband text messaged his wife talaq (sms) on three different occasions when he was majnoon ? junoon with no witness present and he had not consummated (sexual intercourse) his marriage because his marriage was done secretly, under verbal nikah and he and his wife feared that if they accidentally bring a child into this world with out being publicly married. The situation would become very difficult. In this case everything that I mentioned above does the talaq take place? and if the talaq takes place is it required for the wife to get halala (sexual intercourse) if she marries another man? Also, if in future she marries another man and that other man decides to give her divorce? In the situation above does she need to get halala (sexual intercourse) done before getting married to back to me if in the future her husband gives her divorce for any reason? If you can please respond back to me as soon as possible mufti saahab. jazakallah khairan Allah Hafiz Assalaamualikum
Answer:
(Fatwa: 1533/1466=B=1430)
If one sent talaq by SMS at three different occasions to his proposed wife (with whom he did not have any sexual relation), the first talaq did take place and she became divorced with talaq bayin, and the other second and third talaqs fell null and void. If you want to marry the same girl with the consent of your parents, there is no need for halalah. You can marry her without halalah.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband