If a husband said he gave 2 talaaq bain and the wife said she received only one

Answered according to Hanafi Fiqh by DarulIftaBirmingham


Answered by Moulana Muhammad Imad Ali

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Question:


Would like to know if a husband said he gave 2 talaaq bain and the wife said she received only one.


How do we refer to this

Also if the wife asked to return back after 6 month is it allowed?


Answer:


Bismillah


Firstly, when the husband has issued 2 talaqs, regardless of it being issued verbally or in a written form, the wife will start her waiting period immediately. During this waiting period if the couple decide to reconcile their marriage, they will be permitted to do so without performing a new marriage.


Secondly, when certain unclear phrases (cannot determine if it is a general statement or talaq is intended) such as “you are not wife material,” “I have had enough of you” or “I don’t need a wife like you” are used, which are accompanied with the intention of talaq, a divorce absolute (talaq bain) will take place. This means that the wife will begin her waiting period immediately and it will not be permissible for the couple to reconcile their marriage without repeating the nikah, in which consent from both parties are required etc.


(Al-Lubab Fi Sharh Al-Kitab, Page 444, Al-Maktabatul Umariyyah)


According to your question normally when a Talaq Bain occurs the husband and wife no longer remain as a couple and if they wish to reconcile then they need to redo their nikah again and only after then can husband issue a second Talaq Bain. From the above mentioned scenario we can confirm that at least one Talaq Bain has definitely occurred therefore, the husband has two more chances to restore his marriage with his wife regardless of how much time has passed.


Only Allah knows best.


Written by Moulana Muhammad Imad Ali


Checked and approved by Mufti Mohammed Tosir Miah


Darul Ifta Birmingham


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