Out of anger If one says Talak to his wife and repent to Allah
Mu' meneen Brothers and Sisters,
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One of our brothers/sisters has asked this question:
Dear Brother Borhan,
Out of anger If one says Talak to his wife and repent to Allah ,does taubah, have physical relation with wife. It happen couple of times. The couple want to continue thier marrage life, they have got children. What would be the solution from fiqh point of view. Please guide.
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Give divorce in anger and reunite
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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).’
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 will be deemed established in the Sight of Shariah Law and of Allah Subhanah.
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 3rd 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 (1st or 2nd) 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 of divorce and taking the wife back 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 in jest pronounce the statement of divorce to 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!
Your Question: Out of anger If one says Talak to his wife and repent to Allah ,does taubah, have physical relation with wife.
Dear and beloved brother in Islam, if a husband declares or pronounces a divorce to his wife, there is absolutely nothing in creation which can cancel, delete, annul, or void that declaration of divorce! Immediately upon the declaration of a divorce by the husband, one-divorce will be deemed established between the couple.
After saying the first and the second divorce, the husband has the right to revoke the divorce and take his wife back and live like a married couple. But if after that a third divorce is pronounced, that divorce will be considered absolutely irrevocable and the couple 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.
Doing ‘taubah’ or sincere repentance wipes out the sins of a person; but even ‘taubah’ does not wipe out the declaration or pronouncement of divorce once it leaves the tongue of a husband.
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,