If someone gives 3 talaqs (divorces) at once to his wife when she was in menses without knowing that it is haram to give talaq in condition of menses, do the talaqs take place? Or does the husband have to do rujoo (i.e. take her back)? Please answer according to Quran and hadith.
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
It is prohibited and sinful to give three talaqs simultaneously. It is also prohibited and sinful to give talaq to one’s wife when she is menstruating. However, if a person does give three talaqs simultaneously to his wife when she is menstruating, the three talaqs will be valid and binding (and he must do tauba for committing this sinful act). Once a person has given three talaqs to his wife, she becomes totally forbidden for him and he cannot take her back. He cannot even marry her again. Yes, if (after completing her iddah (waiting period)) she marries another person, consummates the marriage and thereafter happens to get divorced from him or he happens to die, then (after completing the iddah) she may marry her first husband again.
(Shaami: 2/232, Saeed)
And Allah knows best.
Mufti Faizal Riza
27/5/2012