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Ruling on Talaq given on 3 different occassions

Answered according to Hanafi Fiqh by DarulUloomTT.net

As salaam wa Alaikum, can you please give me the proper ruling on calling a 3rd talaq (3 separate pronounciation of divorce). I am part of a womens group and we have a difference of opinion on this. Some say there is a waiting period for the woman because her husband can take her back. Others say that there is a waiting period but she has to move out or he has to leave the home and he cant take her back. But she has to wait 3 mths to remarry. A few of us agree that she has no waiting period and she can marry another man. Can you please provide a ruling and where this evidence can be located for proper guidance. Shukran

Wa Alikum As Salaam

When  the 3rd Talaq is pronounced in 3 separate pronunciation of divorce, then a permanent  separation  comes between  the husband and the wife. There is a waiting period of 3 menses, however, the husband cannot take back his wife and revoke the divorce. If he wants to remarry her, then she must first complete her waiting period from (the 3rd divorce), then marry another person in a new marriage contract. After consummating the marriage with the second husband, if he divorces her or passes away, Then she will complete her waiting period and can now  remarry the first husband (who had previously pronounced the 3rd divorce).

Therefore, two things are evident . One, is that after the 3rd talaq, the wife must complete her waiting period of divorce, and secondly, the husband cannot take her back in his marriage unless she marries another person as I have mentioned.

With respect to the waiting period, the Holy Quran has stated, ‘ And the divorced woman shall keep themselves waiting for three periods”. (Sura Al Baqara Verse 228). This verse makes it clear that woman who are divorced must go through a waiting period. All scholars have stated that there is an iddah for a divorced woman. However, in the case of being divorced with the 3rd divorce, the woman will not pass her iddah in the same home/residence of the husband. The reason for this is that with the 3rd divorce, she has become totally haram for the husband and is like a stranger to him. Therefore, she must pass her iddah at such a place where she is away from the husband. The best place is that of the home of the parents. If the husband wishes, he can leave the home so that he is not together with her during her iddah. In all situations, the husband cannot take her back during her iddah. Nor can he remarry her immediately upon the completion of her iddah.

With respect to her not being allowed to remarry her husband after iddah except she first marries to someone else, the Holy Quran says, ‘Divorce is twice. Then, either keep (her) in an acceptable manner or release (her) with good treatment. And it is not lawful for you to take anything of what you have given them, unless both fear they will not be able to keep (within) the limits of Allah, then there is no blame upon either of them concerning that which she ransoms herself. There are limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah – it is those who are the wrongdoers’. (Al Baqara verse 229).

‘And if he has divorced her (for the 3rd time), then she is not lawful to him afterward until (after) she marries a husband other than him. And if the latter husband divorces her (or dies), There is no blame upon the woman and her former husband for returning to each other if they think that they can keep (within) the limits of Allah. These are the limits of Allah, which He makes clear to a people who know’. ( Al Baqara verse 230).

As mentioned by the Fuqaha ( Jurists) and the scholars, the Quran makes it clear that the choice of revoking the divorce given by a man was restricted to two talaq. It means that if a man pronounces one divorce, then he can take back his wife during her iddah. If ( at another time) he gives her a second divorce, then he still has the allowance to take her back as his wife. This is what is meant by the words, “Divorce is twice”. The Quran itself stated that after the second divorce “the husband may either retain his wife in a good manner” or “release her with fairness”. However, if he ( the husband) divorces his wife with the 3rd divorce, then there is no allowance for him to revoke the divorce and take back his wife. This is clearly stated in verse 230 of Sura Baqara where it mentions, “Thereafter, if he divorces her, she shall no longer remain lawful for him”. It means that if after giving her two divorces (as mentioned in verse 229) The husband divorces his wife again (for the 3rd time), then she will not be lawful for him as a wife. As for what she must do to become lawful (in marriage) to him, Allah says (in Verse 230), “Unless she marries a man other than him. Should he too divorce her, then there is no sin on them in their returning to each other”. Here, Allah explains that if the woman wishes to remarry he first husband, then she must first marry to a person other than her husband  in a new marriage contract. This however, must take place only after she has completed her iddah from the 3rd divorce. Then, after marriage with the 2nd husband, she must consummate the marriage with him. After this, if the husband divorces her or passes away, then after completing her iddah, she can return to the 1st husband in a new marriage.

And Allah Knows best

Mufti Waseem Khan

18/5/2017

This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.

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