Three talaaqs in anger

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I want to ask about divorce. I have heard that you have to give your wife divorce 3 times in 3 months for it to count is that true. My husband gave me divorce in anger after few hours was back with me saying that it doesn’t count in anger. He didn’t know what he was saying and also that he have to give me 3 times in 3 months for it to count. Also want to ask if divorce count in period and in pregnancy and if husband do give in pregnancy but the next day or after few hours says he was angry, then does it count or not. Also if the wife is pregnant and is a lot angry and tell the husband to divorce her, keep on saying it and the husband get angry and say it even tho he didn’t mean to say it, does it count?

Bismillaah

A: This is incorrect.

In regard to the maslah of talaaq, the fuqaha have stated that if the husband issues a revocable talaaq to his wife, it will be permissible for him to revoke the talaaq during the iddat period and take her back in his nikaah. If he does not revoke the talaaq during the iddat period and the iddat period passes, he will no longer be able to revoke the talaaq. However, if the man and woman wish to reunite, then a new nikaah will have to be performed with a separate mahr.

The talaaq your husband issued is valid even though it was issued in anger. However, through having intimacy during the iddat period, the talaaq has been revoked, though it is counted. Your husband now only has two talaaqs remaining.

The talaaq issued while the wife is pregnant is valid.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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