Home » Hanafi Fiqh » ShariahBoard.org » Three Divorce

Three Divorce

Answered as per Hanafi Fiqh by ShariahBoard.org

Assalamualaikum,

I am a revert to Islam. My wife and I had gotten into a heated argument. Both of us had worked a 14 hour night shift and had not slept in the past 18 or 19 hours, I was suffering from the flu and was taking tamiflu and had taken benadryl and was light headed and had double vision. In the heat of my anger, while being goaded by my also very angry wife, unknowingly I said talak 3 times, just talak and not I give you talak, without any intention of divorce. I know I committed a grave sin and may Allah forgive me. Ameen!

Is our marriage still permissible? Both of us do not want our marriage to end and it was a mistake that was made in the heat of anger.

الجواب وباللہ التوفیق

In the situation inquired about, as you have remembrance of giving Talaaq, therefore, it is the proof of the fact that you were not overpowered by such condition that would have made your brain totally insensitive, therefore, in such a circumstance with giving three Talaaq, three Talaaq will take effect. If you two want to live together then the only way is this that after completing her ‘Iddat of Talaaq, the wife makes Nikah with another man and after establishing matrimonial relationship if that husband gives Talaaq or the second husband passes away then after completing the ‘Iddat you both can have Nikah again.

فالذي ينبغي التعويل عليه في المدهوش ونحوه إناطة الحكم بغلبة الخلل في أقواله وأفعاله الخارجة عن عادته {رد المحتار: مطلب في تعريف السكران وحكمه}

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.

Read answers with similar topics: