Handing over the right of talaaq to the wife

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: My wife and I have been going through some problems and we have been arguing for a over a year and I was fed up so I gave her the right of divorce (tafweedh), the other day we were arguing and she had just come of the phone with her ex husband, the father of her daughter whom she had also had an argument with. I said to her that she was upset after arguing with him and she was taking it out on me. She said “We always become one afterwards” in urdu and I repeated to her that thats fine you become one with him, you become one and then she said yes we will, sarcastically. I was upset and I repeated it that you become one and then she uttered the words I divorce you, I divorce you, I divorce you in urdu 3 times… Now I dont know where we stand and neither does she. Really, deep down she doesnt want the divorce and to be honest neither did I. Please help us and give us guidance on this matter.

Bismillaah

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A: At the time of tafweedh if you intended three divorces, then three divorces have taken place.

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

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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