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Married for 18 Months: My Husband’s Job Loss, Health Issues, and Divorce

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I have been married for the past 18 months. My husband lost his job after the first month of marriage. I had a job so therefore I supported him and his family (mother, 2 sisters). His father lives in another state and visits monthly. During the course of our marriage, I got pregnant and had a baby girl. His 2 sisters got married. He had tried to work but ended his job at a store and driving a car due to him thinking that people were after him and something was going on at home. Recently, he started losing weight and was diagnosed with gallstones and gastritis. He was treated with surgery. At this point, I had started working part time to take care of my baby and husband. But we were short of rent money. My husband was very angry 2 weeks after the surgery due to pain and shortage of rent money that he told me to leave the home at 12:00 at night with my 11 month old daughter. His mother succumbed to his anger and told me to take a taxi to my parents home. I refused and stayed because it was night. The next day, as he drove me to my parents home, he told me he would pick me up in a few days. Then as he left me and our 11 month old child their, he said he would pick me up when he had a job. Then he left and called me 1 hour later and said he wanted to divorce me and hung up the phone. A few days later, I called him and said I wanted to come home. Later that same day, he texted me the word talaq 3 times. He also wrote the same thing on Facebook messenger. Please tell me if this counts as irreversible divorce or not. He never spoke these words but wrote them. Now he is saying that it doesn’t count because he never said it. Please help. I am currently living with my parents and thinking that I am divorced.

Bismillaah

A: If he had issued the three talaaqs via the text message then the three talaaqs are valid and the nikaah has terminated. Hence it will no longer be permissible for you both to live together.

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

Answered by:

Mufti Zakaria Makada

Checked & Approved:

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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