Husband declared divorce to wife.
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:
There is a problem that has been hovering in my friend mind.it is that he sent a letter to his wife saying: `main Mohammed Haris apni biwi Fatemah ko talaq deta hoon Talaq-Talaq-Talaq`
`I give divorce to my wife Divorce-Divorce-Divorce` He needs to know if he is divorced or not according to Islamic constitutions.Please try to answer this query as soon as possible as he is very desperate for your answer.
(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.)
Husband declared divorce to wife
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: ….He needs to know if he is divorced or not according to Islamic constitutions
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 has pronounced a ‘divorce’ unto his wife in their marriage, absolute regardless of whether terms to the effect of ‘I divorce you’ or ‘I divorce so and so’ were declared by the husband verbally, in writing, through the phone, through email, through text-messaging, or through any other medium of communication whatsoever….absolutely regardless of whether the declaration of divorce was meant to be serious or merely in jest……..a divorce will be established between the couple in the Sight of Shariah Law and of Allah Subhanah.
Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229:
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).
The brother, if he indeed wished to divorce his wife, he could have pronounced the divorce unto her only once and a legal divorce would have been established in their marriage in the Sight of Shariah Law and of Allah Subhanah….but because the first two declarations of divorce are revocable in Islam, the couple would have had the option of re-marrying each other if they changed their mind at a later date.
Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 230:
230 So if a husband divorces his wife (irrevocably) 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.
But because the husband chose to declare all three divorce rights in one-go, an absolutely irrevocable divorce would be deemed established in the marriage….and the same couple can never ever remarry each other again unless and until the wife happens to marry another husband, and her new husband, on his own free will chooses to divorce her, or he dies.
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-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 irrevocable divorce will be established between the couple in the Sight of Shariah Law and in the Sight of Allah Subhanah. 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.
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,