Three written divorces under alleged influence of black magic

Answered according to Hanafi Fiqh by DarulIftaBirmingham

I received a divorce (3 Talaaq) from my ex husband last year 1 December. He never intended on giving it but our families were pushing for it. After 3 weeks he confessed that another jealous woman was putting spells on him and convincing him that he should divorce me. He says he was not in is senses when he sent the talaaqs. He issued me with a paper but did not tell me to my face or verbally that he divorced me. He has since January wanted to get back together with me. 

 Where do I stand?


 
Answer:

There are three categories of anger:

1. The initial stage of anger where one’s mind is sound and fully in control of what one is saying. In such a case talaq will occur without any doubt.
2. Extreme anger to the point of insanity, where one is unaware where he is or what he is saying. In such a case talaq will not occur.
3. Finally that stage which is between the above two stages in that one was extremely angry but not to the point of insanity, and was aware of what one was saying. In this case also, talaq will also occur. (Raddul Muhtar p.452 v.4)

With regards to your question, if the black magic was so severe that a person became insane and mad then on the basis of insanity talaq will not occur. (Raddul Muhtar p.451 v.4) However, if the person’s state was not so severe then talaq will occur. (Raddul Muhtar p.438 v.4)

However in circumstances where it is claimed that a person lost his sanity or black magic has been done upon him, it is necessary that the person has previous medical history of insanity or has been diagnosed by the doctor of being of unstable mind, or has two male witnesses or one male and two female witnesses testifying that on that occasion the person in deed lost his sanity due to the black magic. (Raddul Muhtar p.452 v. 4)

If it is substantiated that the husband in fact was under the illusion of black magic, then talaq would not occur.

Regarding sending the talaq or divorce through the post. There are two types of writing divorce:

  1. Marsumah
  2. Ghair Marsumah

Marsuma is where the letter is addressed to his wife and Ghair Marsumah is where the letter is not written to his wife. Then Marsuma and Ghair Marsumah have two types: clear and understandable writing and unclear and unreadable writing. Example of the first one will be writing which is written on a piece of paper, wall or ground in a way which is understandable and examples of unclear writing will be writing in the air, on water or on something in a way that is not understandable or readable.

In a situation where the writing is unclear, divorce will not occur irrespective whether it is Marsumah or Ghair Marsumah or whether he made an intention or not.

In a situation where the writing is clear but it is not directed or written to his wife for example he typed the word ‘divorce’ or ‘Talaq’ then talaq will occur if he made an intention.

In a situation where the writing is clear and it is directed or referred to his wife for example he says ‘O Zainab! I have given you divorce,’ then talaq and divorce will occur irrespective of whether he makes an intention or not. (Fatawa Hindiyyah p.378 v.1)

Regarding your situation, assuming your husband’s black magic is not severe if he posted three talaqs to you in clear and in unambiguous words then the divorce will occur.

From the question you sent me, it seems as though your husband was aware of what he was doing and then realising that he has made a mistake he is now using black magic as an excuse. Therefore, my humble opinion regarding your situation will be that it will not be permissible for you to get back together with your husband again.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

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