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Divorce issue, please reply fast

Answered as per Hanafi Fiqh by ShariahBoard.org

I need help regarding my divorce issue. I’m badly stuck and have a very short time to fix this issue since my in-laws are badly forcing my husband to file a divorce in court asap. So I really need a fatwa asap so that if there’s something left in our marriage then I can save it. My husband is very nice but for no reason, my in-laws are so against me and they were forcing my husband to leave me else they’ll leave him. So he was so pressurized that he was actually seeing a Psychiatrist and getting help from counselors all this time. Please, please reply me fast, I really need a fatwa soon. 

I talked to Mufti Saheb on the phone he said that he could send me the fatwa fast. So please try to do it as fast as possible and please send separate fatwas for all three questions on three different pages to avoid confusion: 

My first question is my husband and I had an argument in which my husband issued 2 divorces at once. He used the words, “I divorce you”. Is issuance of such divorce at a time counts as one divorce or full irrevocable divorce??? 

and the second question is I am sure I heard that in Hanafi view or even in all the other views it’s same that if a man issues divorce in extreme anger then it doesn’t count at all? My husband who never yells shouts or gets mad about anything, during an argument he was so extremely out of control that he was trying to get out of the house. I got super upset so I forced him and literally held his hand and pulled him inside the house and he got so mad. He started yelling and shouting, then he was trying to avoid me but I kept on asking him questions, so he got so mad, he got so out of control, and he started saying things which he never said in his life and in that anger he said, “I divorce you”. Literally, I put my whole hand in his mouth to make him shut. And after that, he was so blank as nothing happened and he was so out that he had no idea what he just said or did. He had no intention of saying a divorce word. He was soo extremely mad. It was a level of insanity. He had no idea what he was saying or doing. So in extreme anger, saying divorce one or two times,  does it count at all? 

My third question is if a husband issues 2 divorces at once and then the wife goes to her parents’ house and they don’t make up (no Rujo’ or no intercourse) at all during the iddat period, can he issue another divorce or not until they make up (do Rujo’)? 

الجواب وباللہ التوفیق

If the husband, in one utterance, issues one Divorce, or issues two Divorces, or issues three divorces, all of them take effect. Here as many Divorces would take effect as many times the husband issues Divorce. If he issued two Divorces then two would take effect, and if he issued three then three would take effect. Your statement that the Divorce issued in anger doesn’t take effect, is wrong; the Divorce is given only in anger and displeasure, not in the condition of happiness.  

As the Talaaq-e-Raji’ took effect on you (you two could do Rujo’, re-establish married relationship) therefore, if the husband wants to do Rujo’ within the ‘Iddat period then he can do Rujo’ and you will return in his Nikah. If the husband has not done Rujo’ within the ‘Iddat period then after the passage of the ‘Iddat period Talaaq-e-Bain will take effect. After that, if you two like to live again a married life together then a new Nikah with a new Mehr will be compulsory.   

As the husband has given you two Divorces, therefore, he still has the right of the third divorce. If he unfortunately issues the third divorce then you will forever become Haraam on him.

The issue of the two divorces to take effect will only be valid if the husband was in his senses when he issued two divorces and he knows what is he saying and what is he doing. But if he gets into so much anger that he loses his senses and actually he is not aware as to what is he saying then the divorce doesn’t take effect. In this scenario, it will be appropriate if the husband directly contacts any Aalim Saheb or Mufti Saheb.

الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ وَلَا يَحِلُّ لَكُمْ أَنْ تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَنْ يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَأُولَئِكَ هُمُ الظَّالِمُونَ ۔ فَإِنْ طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ فَإِنْ طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَا أَنْ يَتَرَاجَعَا إِنْ ظَنَّا أَنْ يُقِيمَا حُدُودَ اللَّهِ وَتِلْكَ حُدُودُ اللَّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ (البقرۃ: ۲۲۹ تا ۲۳۰)

ویقع طلاق من غضب خلافا لابن القیم و ھذا الموقف عندنا۔ (شامي ۴؍۴۵۲ زکریا)

وسئل نظما فیمن طلق زوجتہ ثلاثا في مجلس القاضی وہو مغتاظ مدہوش، فأجاب نظما أیضا بأن الدہش من أقسام الجنون فلا یقع، وإذا کان یعتادہ بأن عرف منہ الدہش مرۃ یصدق بلا برہان … الثاني: أن یبلغ النہایۃ فلا یعلم ما یقول ولا یریدہ، فہذا لاریب أنہ لاینفذ شيء من أقوالہ۔ (شامي ۴؍۴۵۲ زکریا)

واللہ اعلم بالصواب

This answer was collected from Shariahboard.org. It was established under the supervision of the eminent faqih of our era, Hazrat Shah Mufti Mohammed Navalur Rahman damat barakatuhum.

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