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Husband saying “I am done with you, its over” while discussing divorce

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: My brothers wife confesed to have feeling for the guy down the road. He issued a talaaq raji with a condition saying if she has any communication then it takes effect. She violated the talaaq.

He issued a second talaaq raji without any condition after which he took her back by hugging her .When it was told to her that she must check the valadity of her nikaah she mentioned that on several occasaion while discussing there marriage my brother told her ,”I am done with you , it over ” . Does there nikaah terminate completly .Does she have to remarry someone before they get back together . If they live together are they in sin.

Bismillaah

A: If he did say “I am done with you, its over” etc. while they were discussing divorce then this will amount to a talaaq. This being the third talaaq she is out of his nikaah.

When she is out of his nikaah it is as good as he is living with a strange woman. It will amount to zina.

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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