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The ruling on issuing three divorces one by one in a single sitting.

Laws of Divorce,Divorce,The ruling on issuing three divorces one by one in a single sitting.

Fatwa No :
83660
| Date :
معاملات / احکام طلاق / طلاق

The ruling on issuing three divorces one by one in a single sitting.

Assalamu alaikum
What do the respected Muftis say about this issue: I have given my wife three divorces—three separate pronouncements one after the other—all within one minute. We have been married for two and a half years, and we also have a three-month-old daughter.
Throughout the two and a half years, my wife kept fighting with me and even used abusive language towards my parents. She would repeatedly tell me to divorce her. Due to this behavior, and especially her verbal abuse, I ended up divorcing her. The reason was her abusive language. Now, two weeks after the divorce, she is asking to remarry me.
I need a detailed response. May Allah reward you abundantly.

Note: The words of divorce were:
"I divorce you," "I divorce you," "I divorce you."

الجوابُ حامِدا ًو مُصلیِّا ً

In the present case, the inquirer has pronounced the words "I have given you divorce" ("Main ne tumhein talaq di") three times to his wife. As a result, all three divorces have taken effect, and an irrevocable (mughallazah) divorce has been established. Therefore, reconciliation (ruju‘) is no longer possible, and they cannot remarry unless a proper ḥalālah shar‘īyah (lawful intermediary marriage) takes place. After the completion of her waiting period (‘iddah), the woman is free to marry someone else.
A valid ḥalālah shar‘īyah requires the following:
After separation and completion of the ‘iddah period from the first husband, the woman must marry another Muslim man without any precondition (i.e., no agreement that the second husband will divorce her).
The new marriage must be consummated (i.e., the couple must engage in marital relations), as consummation is essential for the ḥalālah to be valid.
If the second husband later divorces her voluntarily or passes away, and she completes her second ‘iddah, then:
If the woman wishes to return to her first husband, and
The first husband also agrees to take her back,
Then they may enter into a new nikah (marriage contract), with a new mahr (dowry) and the presence of two witnesses.
However, deliberately entering into a second marriage with the condition or intent that the second husband will divorce her just to make her lawful for the first husband is considered makrūh taḥrīmī (strongly disliked and close to forbidden). This practice is severely warned against in authentic Hadith.

Nonetheless, if the second marriage is conducted without any such precondition, it is valid and permissible according to Islamic law.

مأخَذُ الفَتوی

قال اللہ تعالیٰ: قال اللہ تعالی: فَإِنْ طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ الایة(البقرہ:230)۔
وفی الھندية: وإن كان الطلاق ثلاثا في الحرة وثنتين في الأمة لم تحل له حتى تنكح زوجا غيره نكاحا صحيحا ويدخل بها ثم يطلقها أو يموت عنها كذا في الهداية اھ(1/473)۔

And Allah knows best
حماد منظور عُفی عنه
دار الافتاء جامعه بنوریه عالمیه

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