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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:

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

Dear Brother Burhan,

I would like to know if a husband and wife had a fight and angrily (knowing or unknowingly) they have used word "Talak" couple of times or discussed about it using the words does the Nikah is accepted or not, or do they have to go through Nikah again.

Your brother,

Sajid.

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Answer:

Divorce in argument

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.

Your Question: I would like to know if a husband and wife had a fight and angrily (knowing or unknowingly) they have used word "Talak" couple of times or discussed about it using the words does the Nikah is accepted or not,

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).’

If the husband and the wife simply discuss or talk about divorce, there is absolutely no harm. But if, whether in anger or in peace, intentionally or unintentionally, seriously or in jest, if the husband pronounces divorce upon his wife by saying something to the effect that ‘I divorce you’, a divorce will be deemed legally established between that husband and wife in marriage.

If the husband declared the terms to the effect ‘I divorce you’ to his wife once, one divorce will be established; if the husband pronounced the divorce a couple of times to his wife, then two divorces will be established; and if the husband pronounced the divorce more than twice to his wife, an irrevocable divorce amongst the couple will be deemed established in the Sight of Shariah Law and of Allah Subhanah.

Your Question: …..or do they have to go through Nikah again.

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

229 A 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 or for the 3^rd 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.

If the husband has pronounced divorce upon his wife once or twice, the husband has a right to revoke the divorce and take his wife back. If the husband revokes the divorce (1^st or 2^nd) before three menstruation periods of the wife, there is no need for the couple to perform the nikaah again and they may live as a married couple.

But if the time elapsed between the pronouncement and divorce is more than three menstruation periods of the wife, a brand new nikaah between the couple must be performed between the couple.

But if the husband pronounces divorce more than twice or for the third time, then an absolutely irrevocable divorce will be established between the couple and they can never marry each other again unless and until the wife happens to marry another person, and that person of his own free will chooses to divorce her, or he dies.

Thus one should fear Allah and never ever even jest regarding the statement of divorce with one’s wife; for once a pronouncement of divorce has been declared, neither the husband, nor the wife, nor any in creation can cancel, delete, annul, or void this declaration!

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