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Three divorces.

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

please i need your help very severely;


me(age 16), my mother(42),my 2 brothers(6 and 11) and my sister(13) went on holidays to pakistan...meanwhile one of our female employees lived in our house and my father(55) kept her with 2 of my cousins (male) at home...when we came home after 15-16 days...my mother asked my father where the girl was....he said that he made her live in one of his friends house but they didnt keep her so she came back to our home and stayed there.....the next morning after breakfast my parents had a fight in front of all us kids....my mother asked my father why the girl was still here without telling my mother that she was....why was he hiding the girl.....my father became angry....then I said: "papa why are you starting a fight because of a stupid useless employee" my mother angrily said:"son because she is your step mother".....AND like this my parents started screaming and saying bad words and hitting themselves....i stopped my father and my sister took my mother into a room....then my father said very bad and NAKED words and said:"i divorce you 7 times" 2 times.....this was the first time in life.....they are married since 1991.......


this is the story....


my question is that.....


ARE MY PARENTS DIVORCED NOW???? IF YES.....WHAT DO THEY HAVE TO DO TO COME TOGETHER AGAIN??? IF NOT DO THEY HAVE TO PAY A PENALTY......DO THEY HAV€E TO FAST OR PRAY A SPECIAL PRAYER....ANYTHING JUST TELL US.....


and one more request:


please tell us some ayas or duas like ayat-ul-kursi or something like walkato-alaika-mohobato-minni to keep our home happy and filled with love.... 

 

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Answer:

 

Three divorces

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 229-230:

229 A (revocable) divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness. It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).

230 So if a husband divorces his wife (irrevocably for the third time) he cannot after that remarry her until after she has married another husband and he has divorced her. In that case there is no blame on either of them if they reunite provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah which He makes plain to those who understand.

 

Sunan of Abu-Dawood Hadith 2189 Narrated by Abu Hurayrah

The Prophet (saws) said: ‘There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final).’

 

Al-Tirmidhi Hadith 3292 Narrated by Mahmud ibn Labid

When Allah's Messenger (saws) was informed about a man who had divorced his wife, declaring it three times without any interval between them, he (saws) arose in anger and said, "Is a mockery being made of the Book of Allah Who is Great and Glorious, while I am amongst you?" As a result a companion got up and asked, "O Messenger of Allah (saws) shall I kill him?"

 

The absolute majority of the scholars are of the opinion that if one pronounces three divorces to one’s wife at one time, they will count as three and an absolutely irrevocable divorce will be established in the marriage. That was the ruling of even the noble companions of the Messenger of Allah (saws) of the stature of Hadrat Abdullah ibn Abbas (r.a.) and of Hadrat Abu Hurayrah (r.a.), etc.

 

Al-Muwatta Hadith 29.37

Yahya related from Malik from Ibn Shihab from Muhammad ibn Abd ar-Rahman ibn Thawban that Muhammad ibn Iyas ibn al-Bukayr said, "A man divorced his wife three times before he had consummated the marriage, and then it seemed good to him to marry her. Therefore, he wanted an opinion, and I went with him to ask Abdullah ibn Abbas and Abu Hurayra on his behalf about it, and they said, 'We do not think that he should marry her until she has married another husband.'

 

Al-Muwatta Hadith 29.1

Yahya related from Malik that he had heard that a man said to Abdullah ibn Abbas (r.a.), "I have divorced my wife by saying I divorce you a hundred times. What do you think my situation is?" Ibn Abbas (r.a.) said to him, "She was divorced from you by three pronouncements, and by the (other) ninety-seven, you have mocked the Aayat of Allah."

 

Your Question: ARE MY PARENTS DIVORCED NOW????

Whatever the situation or condition, if your father declared or pronounced divorce on your mother three (or Allah forbid, more) times, an absolutely irrevocable divorce would be deemed established in the marriage in the Sight of Shariah Law and of Allah Subhanah.

 

Your Question:.....WHAT DO THEY HAVE TO DO TO COME TOGETHER AGAIN???

If your father had declared only one or two divorces, he would have left himself an option to remarry your mother….for the first two declarations of divorce in Shariah are revocable.

 

But since your father chose to pronounce three divorces, an absolutely irrevocable divorce has been established in his marriage and there is absolutely nothing he or anyone else can do for them to lawfully remarry or unite again.

 

Your Question: IF NOT DO THEY HAVE TO PAY A PENALTY......DO THEY HAV€E TO FAST OR PRAY A SPECIAL PRAYER....ANYTHING JUST TELL US.....

By declaring divorce three (or more!) times without any interval, your father has made a mockery of the Laws of Allah Subhanah….if he does not turn back to Allah Subhanah in ‘taubah’ and sincerely repent for his transgression, it is expected that an extremely severe accounting awaits him in the Presence of his Lord Most Majestic on that Inevitable and Tumultuous Day of Judgment.

 

No penalty, no atonement, no fasts, no prayer can now undo what your father has brought upon himself by declaring three divorces unto his wife….for an absolutely irrevocable divorce has been established in his marriage, and it would be absolutely unlawful and prohibited in Shariah for the same couple to ever remarry again.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan


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