Repeating the words of talaaq to confirm the talaaq

Q:

1. My husband and I were in an argument over phone that lasted two hours. He was angry and wasn’t listening but he claims now that he was angry but not insane. He said “you are divorced” knowing I was in early pregnancy.

2. I replied immediately in shock by stating “did you just divorce me? Husband said yes, I said “are you divorcing me!” Husband said yes.

3. My husband gave me a first divorce in 2015 but took me back.

4. My husband informed me the words “yes, yes” do count as further divorces & he thinks our marriage is over. My view is that they are simply confirmation of him saying “your divorced” and is considered one talaq and so there is a chance for us to reconcile.

Question – Please can you confirm whether the word “yes” “yes” are additional pronouncements of divorce or just confirmation of his first statement of divorce. Please can you give the answer in accordance with hanafi fiqh only with references and evidences of rulings as my husband will only accept this.

Bismillaah

A: It will be counted as only one.

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

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Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)


Q: Thank you to for confirming that it is one divorce to my question when my husband said “you are divorced” and I said have you divorced me? He said yes and I said are you divorcing me and he aid yes.

My question is please can you provide the evidence and ruling from hanafi fiqh to confirm that this is one divorce. I need references from usool of hanafi madhab.

Bismillaah

A: Our answers are based on the Hanafi Fiqh. You may refer to Shaami, Aalamgeeri, etc. for the quotations.

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

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)