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Husband and Wife Differing About the Number of Divorces That Have Occured

Answered by: Maulana Sibghat Ullah

Question:

As-Salam Alaykum so in my wife’s view I have issued 3 talaq

Once the first occasion, I have issued a talaq, however on the second occasion what I uttered was not a talaq but said something similar so that she thought I said the second one.

I have now issued the second one, but my wife is unsure and believes it’s the third one.

I am 100% sure the second was not uttered and the intention to divorce was not there and it was just a trick to calm her down. I never told her since now that I didn’t actually say the second one and she thinks I am lying.

What is the ruling on this, I still want to be with her?

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

There are a few scenarios that I will mention which may answer your questions.

  1. If you have said words like “You are free” or “get out” and you didn’t intend a divorce, then a divorce will not occur. [i]
  1. If the situation is such that you said words that could only mean divorce in such a situation then the divorce will occur.[ii]
  1. If your wife thinks that you have given her a divorce and the situation was also that she could only understand it to be divorce then in such a situation divorce will occur. [iii]

Only Allah knows best.

Written by Maulana Sibghat Ullah

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

[i] Radul Mukhtar, Book of Divorce, Page 703

(ف) الكنايات (لاتطلقبها ) قضاء (الا بنية اؤ دلالة الحال )

[ii][ii]Radul Mukhtar, Vol 4,  Book of Divorce, chapter of Kinaya,  Page 516, Maktabat ul Waheediya:-

الكنايات (لا تطلق بها) قضاء الا بنية آو دلالة الحال

[iii][iii]Radul Mukhtar, Vol 4,  Book of Divorce, chapter of Kinaya,  Page 516, Maktabat ul Waheediya:-

الكنايات (لا تطلق بها) قضاء الا بنية آو دلالة الحال

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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