Answered by Shaykh Yūsuf Badāt
Question:
If a wife asked her husband during a disagreement, “Give me divorce!” and to that, he responded, “Take it from me.” Thereafter, later on the same day in the evening, the wife said, “I have counted what you said this morning as one ṭalāq.” To that, the husband responded, “Here take all three from me!.” What is the status in the islamic law about these statements and islamic marriage? Kindly clarify!
Answer:
بِسْمِ اللَّـهِ الرَّحْمَـٰنِ الرَّحِيمِ
In the Name of God, Most Merciful, Most Kind
Thank you/ Jazāk Allāh Khayr for contacting Mathabah Institute with your query.
In the described situation, three ṭalāqs (divorce pronouncements) have been executed. The islamic marriage (nikāḥ) is broken. The couple cannot reconcile.
During a discussion or request of divorce, when a husband says, “I give it to you!” or “Take it from me!” it constitutes ṭalāq. Additionally, in the described scenario, when the wife asked in the evening, “I have counted what was said in the morning as one ṭalāq”, the husband responded, “take three from me!”. This is a valid pronouncement of the remaining ṭalāqs. – (See: Al-Fatāwā Al-Hindiyyah, Vol 1, Pages 375[1] and 356, Dār Al-Fikr[2])
The Prophet (peace and blessings be upon him) said, “There are three things which, whether undertaken seriously or in jest, are treated as serious; marriage, divorce and taking back a wife [after a divorce which is not final].” – (Abū Dāwūd 2194)
ثَلاَثٌ جِدُّهُنَّ جِدٌّ وَهَزْلُهُنَّ جِدٌّ النِّكَاحُ وَالطَّلاَقُ وَالرَّجْعَةُ – أبو داؤد ٢١٩٤
Only Allāh knows best
[1] حَالَةُ مُذَاكَرَةِ الطَّلَاقِ بِأَنْ تَسْأَلَ هِيَ طَلَاقَهَا أَوْ غَيْرُهَا يَسْأَلُ طَلَاقَهَا- كتاب الفتاوى الهندية ج١/ ص٣٧٥ دار الفكر
[2] وَفِي الْمُنْتَقَى امْرَأَةٌ قَالَتْ لِزَوْجِهَا طَلِّقْنِي فَقَالَ الزَّوْجُ قَدْ فَعَلْتُ طَلُقَتْ فَإِنْ قَالَتْ زِدْنِي فَقَالَ فَعَلْتُ طَلُقَتْ أَيْضًا – كتاب الفتاوى الهندية ج١/ ص٣٥٦ دار الفكر