Issuing one Talaaq-e-baain after another talaaq-e-baain

Answered according to Hanafi Fiqh by

Q: Following up an irrevocable (ba’in) divorce with another irrevocable (ba’in) divorce (al-ba’in la yalhaq al-ba’in):

For example the husband says to his wife: “I am leaving you, I am leaving you” (intending divorce with both statements) or he said: “I divorce you irrevocably, I divorce you irrevocably”. In this case, only the first divorce will count and the second will be considered futile. Regardless of how many irrevocable divorces a man pronounces, only the first divorce is effected. The reason being is that the first divorce is irrevocable; hence, the marriage bond between the husband and wife has ended. As such, the second irrevocable divorce will not be able to attach itself on a relationship that has already come to an end. (Culled from Ibn Abidin’s Radd al-Muhtar, 3/306-309)

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Does this mean that if a husband utters an irrevocable divorce and the wife is still in her idda, then the second irrevocable divorce will still not count due to the nature of divorce? However, if a husband utters a revocable divorce after an irrevocable divorce, it will take into effect during the idda?


A: Both can take place.

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


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)