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....
(There may be some grammatical and spelling
errors in the above statement. The forum does not change anything from
questions, comments and statements received from our readers for circulation in
confidentiality.)
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