Asslamualaikum Mufti Saheb I am a married woman,Iam very confused now a days.Its due to my husband.Actually due to some medical problem and on recommendation of my Dr.I told my husband that we can’t have sex till I am going through my medical treatment.But one day my husband forced me to have sex but I refused and at that particular moment my husband swered upon that he won’t touch me at all. After five month I told my husband that according to Bahisti Zeber we have entered into Ba-in Tallaq.On contrary my husband said that he had asked me for having sex two months ago but I do not remember that this kind of activity ,conversation or incident had happened between us for last five months and I think that he is trying to confuse me.And moreover I believe that we should obey the rules of our religion ISLAM which is more important for me. So please give me Fatwa for my case. This confusion is killing me.I will be very grateful to you if you can reply me as soon as possible. Thanking You ALLAH HAFIZ
Answer:
(Fatwa: 377/314/H=1431)
It is not sufficient to speak about intercourse within the period of ila or after the period is over:
الایلاء متی کان مرسلا وکان المولی صحیحاً وقت الایلاء قادراً علی الجماع ففيؤه بالجماع لا باللسان ھکذا فی محیط السرخسی فتاوی الھندیۃ 1:485
So, if he was able to do intercourse and only spoke about it, it will not suffice to revoke the ila. In this case, after passing 4 months, talaq bayin will take place. Later, if they want to live together, they will have to perform a fresh nikah provided the husband had not given her any other Talaq before and after the ila. And if the case is otherwise, the question should be submitted again.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband