Fatwa No : 156949
He hastened to divorce his wife three times
Fatwa Date : Jumaadaa Al-Aakhir 16, 1432 / 19-5-2011
Assalamu Aleykum va rahmatullah. I live in Azerbaijan and three months ago got married to the woman from Russia as my second wife. We had some misunderstandings, but the main problem was with the documentation of her baby. The father (who lives in Russia) of baby demanded the baby back, but there was a situation if she gives the baby, she would not see the baby again, as the documentation was wrong, baby could go pass the border once, not come to back with his father. Another option was that, I had to take her to Russia from azerbaijan, she could see the baby every time she wants. But I could not afford it to myself. This problem raised up and I was so appointed that gave her first Talaq, I told her that I am giving you first divorce out of three and I will send you back to Russia, go and organize the babies document. It would take 1-2 months, I said her that will give you other 2 talaqs at airport. When I gave first talaq (ruju), I told it just one times that I am giving you first talaq and it is RUJU talaq, it was clear for both of us. When the day of flight came, I passed her from passport check and phoned her and said exactly "I am giving you the rest two divorce". my intention was complete talaq. but now I think that, it will be hard for her to stay in Russia, and before going to Azerbaijan, she had intention of HIJRAT, she was converted muslim. My question is: was our talaq complete as per shariat or the way of talaq was not right, on the phone i said i give you rest two, may be it was wrong way due to Allah mercy. may be this phone conversation was the second talaq although my niyyat was complete talaq. is it allowed to give 2 talaqs with one centence using the talaq word once. Can I ask her to come back when she finishes baby documentation and gives it to the father as later on father will bring the child whenever she wants. Or she became haram for me now. Could you explain the situtation. Jazaaka Allahu Xayran. Assalamu Aleykum va rahmatullah
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.
Saying to your wife “I am giving you the remaining two divorces…” in the present continuous tense does not lead to divorce except with intention. However, it appears that you intended divorce; the evidence is that you mentioned ‘complete divorce’ as it is clear in the question. For more benefit, please refer to Fataawa 92476 and 128655.
However, is it two divorces or only one divorce that had taken place? There is a difference of opinion among the jurists on this issue; some of them mentioned that it takes place as two divorces and this is the view of the majority of the jurists . According to their view, your wife would be irrevocably divorced from you and she will not be lawful to you again unless she marries another man a serious marriage and he consummates the marriage with her and then he divorces her or dies.
Nonetheless, there are some jurists who are of the view that saying more than one divorce in one session [one wording] takes place as one divorce. According to this second opinion, your wife is not irrevocably divorced from you [i.e. you can take her back] and there is another one divorce remaining. However, the opinion of the majority of the jurists is the view that we adopt here in Islamweb.
It should be mentioned that saying more than one divorce in one session is an innovative divorce (i.e. it is not according to the Sunnah) and it is a divorce that is Islamically prohibited, so you should repent from it. This kind of divorce is a divorce to which you hastened while you had the time to issue it gradually.
What we can advise you to do here is to help you ex-wife in looking for a pious husband to marry her without the intention of making her lawful for you. On the other hand, you should look for a pious wife as there are many other woman to marry, in the same manner that there are many other men that she could marry.
Allaah Knows best.
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|Indirect expression of divorce is valid if the husband actually intends divorce thereby|