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One of my colleagues was divorced by her husband on paper. He sent the talaqnama through post wherein he had mentioned talaq 3 times. After 3-4 months, her husband called back and showed his desire to reunite giving excuses like he was ‘forced’ by his relatives to divorce her. My colleague got convinced and became ready to reunite provided she could be convinced in the light of Islam that they can reunite without halalah. Her husband and his nephew (who is studying Islam in a Bangalore based madrasa) brought Fatwa that the talaq was void and they can reunite. Now they have been living together without performing halalah. Are they right in doing so? My colleague is very innocent and Allah-fearing lady. I am afraid if she is committing sin. Please clear the doubt.

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
One of my colleagues was divorced by her husband on paper. He sent the talaqnama through post wherein he had mentioned talaq 3 times. After 3-4 months, her husband called back and showed his desire to reunite giving excuses like he was ‘forced’ by his relatives to divorce her. My colleague got convinced and became ready to reunite provided she could be convinced in the light of Islam that they can reunite without halalah. Her husband and his nephew (who is studying Islam in a Bangalore based madrasa) brought Fatwa that the talaq was void and they can reunite. Now they have been living together without performing halalah. Are they right in doing so? My colleague is very innocent and Allah-fearing lady. I am afraid if she is committing sin. Please clear the doubt.

Answer

(Fatwa: 372/304/B=1433)

When the husband wrote talaq three times in the talaq paper and sent it, then all the three talaqs took place and the wife became mughallazah bainah. In order to marry the same husband again a Shariah halalah is necessary. It is mentioned in the holy Quran clearly:
فَإِن طَلَّقَهَا فَلاَ تَحِلُّ لَهُ مِن بَعْدُ حَتَّىَ تَنكِحَ زَوْجاً غَيْرَهُ .
Also there is a Sahih hadith in Abu Dawood Sharif that a Sahabi divorced his wife three times in the presence of the holy Prophet Muhammad (صلى الله عليه وسلم) in single meeting, then the holy Prophet Muhammad (صلى الله عليه وسلم) counted it three. The fatwa which your husband brought that all the three talaqs of the talaq paper are void, it is totally wrong and against the holy Quran and Hadith. It is adultery and haram for the woman to live with him, she should separate herself from the man.

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.

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