Her husband divorced her several times due to his financial problems
Fatwa No: 235690

Question

Assalamu Alaikum my nikah was done a year ago and my husband lost his job few months ago and we hav been struggling financially since.. He is in extreme state of anger and sadness constantly as finding a job has been a nightmare.. We are managing at the moment from my salary, which is hardly enough for us to go through the whole month.. I have been praying to Allah to make things better for us.. due to all these problems, my husband had given me talaq more than three times.. He's evn sent me sms saying dt he talaq me three times, n over d phone too.. on one more occasion he had sent me an sms dt he is waiting for me to get home frm work so he cud give me talaq and he did.. Later he was in tears saying dt he is sorry and i did not mean it, he dnt knw wt to do and dt he is making me his wife again.. i am very very upset and don't knw wt to do n who to turn to apart frm praying to Allah.. Can you please advice me on if the talaq was valid, takin his current state of mind into account?? will be waiting for an answer eagerly as i am very concerned.. jazakallah khairan..

Answer

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.

First of all, we say that it is better to orally ask a trustworthy scholar or  consult the Islamic centers in your country; since the matter is a bit ambiguous to us regarding the method in which the husband initiated divorce, whether this was three divorces in one meeting or it was in different meetings. Also, there is a need to know the intention of the husband in some cases.

In any case, what we can say here in general is that writing the words of divorce is one of the metaphors of divorce, and it depends on the intention of the husband as we have already discussed in Fatwa 89894.

Besides that, three divorces pronounced together take place as three divorces according to the view of the majority of scholars and this is the view we adopt here in Islamweb contrary to the view of Shaykh Al-Islam Ibn Taymiyyah who considers that this takes place as one divorce. For more benefit, please refer to Fatwa 200411.

In case three divorces had taken place, the wife becomes irrevocably divorced from her husband, and she is not lawful for him unless she marries another husband in a valid marriage and he consummates the marriage with her and then he divorces her or dies. For more benefit on the types of divorce, please refer to Fatwa 82541.

On the other hand, the state of mind does not prevent divorce from taking place unless the husband reached a state where he is unconscious of what he says. For more benefit on divorce when the husband is angry, please refer to Fatwa 121374.

Allaah Knows best.

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