Few years ago my friends husband had an argument and her husband ended up saying talaaq to her three times.
My friend ignored it and didn’t tell anyone and they both lived as normal couple, and she was thinking about the children.
My friend now wants to do Hajj this year but she feels she is living in a sin because now she has been reading about it a lot, she thinks she is divorced.
She wants advice on if she should leave her husband and then she can do Hajj, she is very confused and needs advice, please give your opinion on this thank you.
^Not necessarily.. Depends on the situation and what exactly took place..
She needs to ask an imam..
The conditions for it being valid can vary a bit according to who you follow.. we believe there must be a gap in time between talaqs whilst others say it's ok to say them in one go.. some also say talaq said in anger isn't valid whilst others say it is.. it can be quite complicated..
I know it's not recommended to give talaq 3 times in one go as it is disliked and there should be a gap in between. But yeah checking with an imam is best
YOU DONT NEED TO BE SCHOLAR to know that saying talaq even once, should ARISE some sort of initiative to atleast ask someone. the guy said it 3 times and she wasnt well-readenough to even think maybe a divorce or something had occured. most people often know but ignore it. hoping if they ignore it, it hasnt happened.
even an idiot would know that saying it 3 times must mean SOMETHING. and if her husband said it 3 TIMES, he shouldve known right? otherwise why say it 3 times, why not 5 or 6....
they knew all along, and now are probly just getting the jitters as they are going on hajj, or maybe conscious has caught up on them.
1) As per first school, its done and dusted. Talaq ho gaee hai and they can not live together (unless there is halala)
2) As per second school of thought, there is no concept of 3 talaq in one sitting and here is the sharaee way of talaq
Husband give one talaq to wife (even if he repeats the word many times). There is a cooking of period after that (id-dat). If they both resume their relation, nothing else to be done. They can continue living like husband and wife
Later on any point in time, husband against gave talaq to wife (be it one word or many), he has used his right 2nd time but they can still resume (ruju) the relationship by having a Nikkah
Husband now has only 1 right of talaq left. He for some reason, he gave talaq for the third time in life. There is no way they can resume the relationship without halala
After listening to many ulmas and reading books, I believe that 2nd school of thought is right
DISCLAIMER:
I am not an Aalim and I am giving my opinion in good faith as per my knowledge. Because matter is serious, I'd suggest that your friend contact some Aalim so she can get the opinion after giving all the details/circumstances
^
There are actually 3 school of thoughts on this :
1) Talaq-e-bidat : (3 talaqs in one time considered as talaq done).
2) Talaq-e-Hasan : ( as per this thought 3 talaqs (in one sitting) considered as one, then you wait for one month for second talaq and again you wait for one month to give the last and final talaq.
3) Talaq-e-Ehsan : ( as per Quran : Surat-e-Talaq) as per this after the first talaq you have to wait for 3 months (period of id'dat) to give 2nd and third talaq (you don't have to do it periodically each month).
Also according to Holy Quran & Sunnah (as per of my knowledge)1st Talaq only takes place if following conditions are met :
1. Intention of Talaq
2. wife is not in (period days)
3. No sex in that month
4. like Nikah there should be witness.
^Not necessarily.. Depends on the situation and what exactly took place..
She needs to ask an imam..
The conditions for it being valid can vary a bit according to who you follow.. we believe there must be a gap in time between talaqs whilst others say it's ok to say them in one go.. **some also say talaq said in anger isn't valid **whilst others say it is.. it can be quite complicated..
it is valid in anger too, but again I am not Aalim. She should need to confirm.
**According to Hanfi School of thought, three talaqs in one sitting are valid. **While Ahl-e-Hadith considers three talaqs as one which I strongly disagree with their opinion.
In some situations, it is prohibited to divorce for example during pregnancy. Again, you have to consult Aalim of your fiqh and describe your situation in detail. Here at this forum you may confuse with different replies.
In the name of Allah, Most Gracious, Most Merciful Assalaamu `alaykum waRahmatullahi Wabarakatuh
According to Shariah, there are three types of divorces:
Talaaq e Rajie (revocable divorce)
Talaaq e Baain (irrevocable divorce)
Talaaq e Mughalazah (permanently irrevocable divorce)
TALAAQ E RAJIE
Talaaq e Rajie is a type of divorce wherein the husband divorces his wife in express and explicit terms. For example he says “I divorce you”, or “You are divorced”. It is important to mention that if the husbandunintentionally uttered these express words of Talaaq, the divorce still take effect.
Once the husband utters such types of words, the wife becomes divorced and she has to sit in Iddah (waiting period) for three menstrual cycles if she experiences menses or three months if she does not experience menses or child birth if she has conceived.
If the husband wishes to revoke his divorce, he may do so during the Iddah period. The husband may revoke his divorce by verbally taking her back for example he says to her, “I take you back” etc. or by being physical with her for example kissing her or having intercourse with her.
If the husband does not revoke the divorce as explained above during the Iddah period, the divorce becomes an irrevocable divorce. Therefore, if he wishes to take her back (after the Iddah period has lapsed), he can only do so after renewing the Nikah. TALAAQ E BAAIN
Talaaq e Baain is an irrevocable divorce where the husband uses ambiguous words or phrases to divorce his wife. For example the husband tells his wife “Pack your bags and get out” or “You are no more my wife” or “Go to your father’s house”. Talaaq e Baain will only take effect if the husband utters these or similar statements with the intention of divorce. If he merely uttered these words out of anger without the intention of divorce, Talaaq will not take effect.
Once the husband issues his wife one or two Talaaq e Baain, she has to sit in Iddah. If the husband wishes to take back his wife, he may so only after renewing the Nikah. The Iddah will be same as explained above in Talaaq e Rajie. TALAAQ E MUGHALAZAH
Talaaq e Mughallazah is when the husband issues three divorces to his wife. Once the husband issues his wife three divorces (Talaaq e Rajie or Baain), she becomes permanently Haraam upon him. She cannot marry him until after the Halaalah process.
Halaalah is were the wife after observing the Iddah as explained above in talaaq-e-raj’i, marries another man and consummates the marriage. The second husband then divorces her or passes away. After observing the Iddah from this marriage, she may then marry her first husband.
And Allah knows best Wassalam Muhammed Zakariyya Desai,
Assistant Mufti Checked and Approved by:
**Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah
Few years ago my friends husband had an argument and her husband ended up saying talaaq to her three times.
My friend ignored it and didn't tell anyone and they both lived as normal couple, and she was thinking about the children.
My friend now wants to do Hajj this year but she feels she is living in a sin because now she has been reading about it a lot, she thinks she is divorced.
She wants advice on if she should leave her husband and then she can do Hajj, she is very confused and needs advice, please give your opinion on this thank you.
Let me make it easy for you.
According to Hanafi, Talaq happened. Then there are school of thoughts which believe in 3 talaqs in 3 diff sittings.
Whichever the case maybe, I believe that it has little to do with her going for Hajj, unless she is going with her hubby as her mehram (which should be ok too as ladies anyways spend time with other ladies and not with their males). I think that her obligatory Hajj will be taken care of inshallah.
What I find really funny is that most people here who claim to be muslims cannot even answer such a simple question regarding divorce and the majority is asking for her to refer to an aalim. It means you people don't even know your religion enough. My last point is how can you profess to follow your religion when you don't even have basic knowledge? deleted
Well few years back, my relative went to similar situation, huby was bit psycho kind n he sed to get fits also, n he gave 3 times talaq to his wife, she called her family they took her traight away, thn guy family claimed tht no our son was not normal at time n he it fit meh said tht in anger n blah blah so they went to Faisal mosque n there the maulvi aur alim whatever declared it as talaq.