Q: Before I ask my question let me explain what happened. Shortly after we got married my husband and I had a fight and he said I am giving you a talaaq. This being the first time he has said we took it it as one talaaq, and we reconciled and carried on. After that we had numerous fights and it got to a point where he said he doesn’t want to be with me anymore, he is leaving. Very harsh words towards me. But he did not say that he is giving me another talaaq or divorcing me. A few months passed after that and it has now gotten to a point about two weeks ago, that he said I am giving you a talaaq, and he packed up and left. I have been sitting in iddat since then. My questions are as follows;
1. Does him saying during our fights that he is leaving constitute a second talaaq?
2. Is this talaaq he has given now the 2nd or 3rd talaaq?
3. If it is the 2nd talaaq can we reconcile and does a new nikaah have to made?
4. If it is the 3rd talaaq does he still have a responsibility to me during my iddat period or not, as he has moved out am I obliged to spend my iddat in my current home where I am still staying?
5. Is it permissible for me to go to work during my iddat as he is no longer supporting me, and I have no father or brothers or even uncles to take me in?
1-2. If he did not intend talaaq at the time he uttered the words (saying he does not want to be with you), then no talaaq had taken place. Hence, in this case the talaaq he issued will be the second talaaq.
3. It is permissible for him to revoke the talaaq and take you back in the nikaah as long as the iddat period does not terminate. Once the iddat terminates, then if you both wish to reunite, then a new nikaah will have to be performed with a separate mahr.
4. If you spent the iddat in his house, then he has to provide nafaqah (maintenance) for you during the iddat period,
5. If he has moved out, then you should spend the iddat in your current home.
6.If he does not support you during the iddat period and nor do you have family who can support you, then it is permissible for you to leave the home during the day in order to earn a livelihood. However, you should ensure that once you completed your need, you should return home and spend the night in your home.
And Allah Ta’ala (الله تعالى) knows best.
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)