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Email Fight with Wife: Accidentally Mentioned Talaaq – Seeking Mufti’s Advice

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: A week ago my wife and I were having a huge fight over email. With anger I emailed her the following but had no intention of even stating talaaq. Insha Allah you can provide me with the best explanation. “You said the only way you can have your life back is by me giving you your talaaqs then you got it”. Mufti this is what was said and I did not intend or mean it, I was really angry with previous messages I received from he. I would like your feedback as soon as possible.

Bismillaah

A: This talaaq is valid.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)


Q: Now that I know it is valid, can you please tel me how many talaaqs or talaaq is it counted as? The reason I ask is because I didn’t have any intention of giving any?

Bismillaah

A: Apparently it would seem that “your talaaqs” will refer to three. You may refer to other ulama as well.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)


Q: I would like to enquire the use of the word talaaqs how is it counted as 3 but not 2?

Bismillaah

A: In our understanding, when he said “your talaaqs” it is equivalent to a person saying to someone, “take your wealth back” i.e. the wealth that he had kept in trust he is asking that it should be taken back. So obviously he intends that all the wealth should be taken back. Hence, when he said “talaaqs” then he is referring to all the talaaqs that she could have been given, and all can only refer to 3 talaaqs. You may enquire from other ulama as well.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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