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:

I do not want to be with my husband hence the reason I asked for a divorce, we have been married for two years & he has abused me physically as well as mentally, maaf if my email has made anyone think that we have mocked our religion as I will NEVER do that. The only reason I asked was to see if my Talaaq is valid so I may sit my iddat accordingly as I do not know if it was a valid Talaaq. Furthermore my ex has stated THREE times in his letter that he divorces me, so does it still count as one? I do not regret nor do I want to get back together with him the only reason I ask is for knowledge on this matter.

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Answer:

Written three times divorce

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: ….Furthermore my ex has stated THREE times in his letter that he divorces me, so does it still count as one?

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, absolutely regardless of whether they are pronounced verbally or in writing, 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."

Absolutely regardless of whether the husband declared the divorces in seriousness or in jest, absolutely regardless of whether he was angry or happy, absolutely regardless of whether or not there were any witnesses present…… if the husband has declared three divorce pronouncements upon his wife, verbally or in writing, an absolutely irrevocable divorce would be deemed established in their marriage in the Sight of Allah Subhanah……and the couple can never ever lawfully remarry again, unless and until the wife marries another person, and her new husband happens to divorce her, or he dies.

If one trusts, obeys, and follows the guidance and commands of Allah and His Messenger (saws), one can be assured of never ever being misled; but if one believes, obeys and follows any other guidance, other than that of Allah and His Messenger (saws), one can be assured of being led astray.

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