Q: I told my mother quote on quote: “I give my wife divorce, I give my wife divorce, I give my wife divorce.” I did not tell her to pass on the information to my wife or my in-laws. Has the divorce taken effect?
Note: The marriage has not been consummated yet as only nikah has been done.
A: If after the nikaah you did not remain in seclusion with your wife and thereafter you divorced her in this manner, only one irrevocable divorce has taken place. If you both wish to reunite, a new nikaah will have to be performed with a separate mahr. Since the first nikaah was not consummated and the wife was divorced, only half of the first stipulated mahr will have to be given.
NB. If you spent time in seclusion with your wife after the nikaah, then the ruling will differ.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)