Question:
A relative of mine in had a serious quarrel with his wife. During the fight he even uttered the words Talaaq in one breath! Now the problem is, he says he said ‘Talaaq’ only 2 times while his wife says he said it three times!
He is very remorseful for what he did. But we know he did a mistake. Can you tell me what is the ruling if ‘Talaaq’ is said two times in one breath or three times.
Answer:
Talaaq occurs from the husband. If the husband admits that he uttered the words of Talaaq twice then two Talaaqs have occurred. The wife on the other hand claims that three Talaaqs were issued. If she has witnesses, to support her claim then she will approach the Muslim judge and forward her claim and present her evidence. If she fails to produce any evidence, then the judge will ask the husband to take an oath that he did not utter the words of Talaaq thrice. If the husband takes this oath then it is permissible for the wife to stay with her husband.
And Allah Ta’ala knows best
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
14 September 2005
10 Sha’baan 1426