Friday | 21 February 2020 | 27 Jamadiul-Thani 1441
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Fatwa Answer

Question ID: 797 Category: Business Dealings
Talaq/Divorce

My wife left me couple days after my nikkah, and she denied our nikkah and got a false fatwah saying our nikkah wasnt valid. Couple weeks later she demanded talak realizing our nikkah happened. She wanted to marry some other man, and did not want to face me. As i told her several times come in perosn and talk things out. Later on i was told by my parents to give talak in which i agreed to. So i went with my parents infrint of her and the man she wanted to marry and his father i wrote it down and said it thre, atm i was frustrated and angry. me & my wife wants to get back together! During the talak my wifes family wasnt present, no time to talk and mediate things, and no mahar was given. Also there was no initial problem between me and my wife , just a real bad mistake she made. Anyways i forgave her. In this situation is the talaq counted as three? Or as 1. Also our marriage was consumated. Also another thing my wife was on her mensus during the talak Can we get back together? We're planning to redo our nikkah Wednesday its a request of you can reply to our question as quickly as possible

الجواب وبالله التوفيق

As per the situation described in your question the wife has become mughallidha due to the three issued divorces which all took effect, living together with your wife without performing Shar‘ai Halalah is impermissible. The divorce issued while in the state of anger takes effect just as it takes effect while issued in a state of calmness. Usually divorces are issued while people are in the state of anger. By writing the divorce three times and verbally issuing it three times, the three divorces have taken effect.

یقع طلاق کل زوج اذا کان بالغاًعاقلا ًسواء کان حراًاو عبدا ًطائعاًاو مکرھا (فتاویٰ محمودیہ، ص149، ج18

وقال ابو داؤد الطلاق اظنہ فی الغضب ۔

The divorce issued while the wife is in the state of menstruation still takes effect according to the Islamic Shari‘ah, although it is against the preferred way to issue a divorce during that period.

واذا طلق الرجل امرتہ فی حالت الحیض وقع الطلاق (حاشیہ فتاویٰ محمودیہ ص 47، ج18

 

It is impermissible to perform a new Nikah with her without performing a Shar‘ai Halalah. Allah Subhanahu Wa Ta‘ala says in the Holy Quran:

فَاِنۡ طَلَّقَهَا فَلَا تَحِلُّ لَهٗ مِنۡۢ بَعۡدُ حَتّٰى تَنۡكِحَ زَوۡجًا غَيۡرَهٗ ‌ؕ (البقرۃ 230

If a new Nikah has already been performed, it will not be considered correct and the man and women should immediately separate.

کذا فی کتب الفتاویٰ

واللہ اعلم  بالصواب