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Fatwa Answer

Question ID: 870 Category: Business Dealings
Divorce/Talaq

Need your urgent advice. Please help. I need to ask you question regarding Talaq:

First incidence:
Wife was pregnant. We had a fight. I divorced her 3 times to threaten her without intention of talaq. She said talaq nahi hui because you have to have witnesses & you have to say proper names etc.

Second incidence:
We were on phone. She had periods. We had another fight. I again threatened her without intention of talaq. I said I am about to divorce you میں تمھیں طلاق دینے لگا ہوں& she hung up.

Third incidence:
We had another fight. I had intention and said talaq 3 times.
Now I am regreting. Can you give futwa on my situation? Has talaq happened? Is there any chance of rujoo?

 

الجواب وبالله التوفيق

As long as the divorce is issued with absolute words, pregnancy or non-pregnancy, the state of cleanliness or menstruation and presence or absence of witnesses does not have any effect on its validity, it takes effect in all conditions. Therefore as per the situation described in your question 3 divorces have taken effect and your wife has become haram(impermissible) upon you through talaq-e-mughallidha(irrevocable divorce). It is haram to live together without performing Shar‘ai Halalah.

Since the wife is pregnant the period of ‘iddah will complete with the end of the pregnancy and there is no possibility of reconciliation without performing Shar‘ai Halalah. If the woman after the completion of her pregnancy marries another man, her marriage gets consummated, and then this new marriage ends through divorce or the death of the new husband, then she can marry her pervious husband. This is the only method for reconciliation.

Since you had issued three divorces in the first incident, the woman became released from your Nikah immediately as a result of that and the other two incidents have no effect on the already finalized divorce and the divorces issued later are useless and inconsequential.

 

وَاُولَاتُ الۡاَحۡمَالِ اَجَلُهُنَّ اَنۡ يَّضَعۡنَ حَمۡلَهُنَّ    (الطلاق،4 

وطلاق الحامل یجوز عقیب الجماع   (الھدایہ کتاب  الطلاق ، ص 375، ج2

وان کان الطلاق ثلاثا فی الحرۃ۔۔۔۔لم تحل لہ حتی تنکح زوجا غیرہ۔ نکاحا صحیحا ویدخل بھا ثم یطلقھا او یموت عنھا، والاصل فیہ قولہ تعالٰی فان طلقھا فلا تحل لہ  من بعد حتی تنکح زوجا غیرہ والمراد۔۔۔الطلقۃ الثلاثہ 

 (کتاب النوازل، ص 197، ج9، بحوالہ ھدایہ، فتاویٰ ھندیہ وغیرہ)

واللہ اعلم  بالصواب