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Fatwa CenterShe lives with her husband who might have divorced her irrevocably
Question
Once in anger during an argument he gave talaq exactly like someone says any bad word and forgets after anger finishes.(we were together)after 2 1/2yrs given again on phone.(we were far)then ruju on phone after 2 mnths. After 4 months again on phone said the talaaq for 3rd time in anger .very next moment he said i didn't mean that. It just came out of my mouth in anger.Its not valid.I neglected that. staying with him for 2 yrs now. Am I wrong? What is our position of marriage? We have 3 children. Kindly help me in the light of islam.If u want to know any more datails. please let me know.
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 blame you for waiting all this period before asking about this issue with the probability that an irrevocable divorce had taken place, in which case it is forbidden for your husband to have sexual intercourse with you.
As regards your question, there are three cases of divorce in anger and we clarified them in Fatwa 121374. So, if your husband was angry to an extent that he is unconscious of what he says, or to a point that he was stumbling like a mad person, in a way that he is unable to control his acts, then divorce does not take place.
However, if he is conscious of what he says and he is able to control his acts, then his divorce takes place. In such a case it is your husband who may determine to what extent his anger was and he is responsible about this in front of Allaah.
As regards divorcing the wife or taking her back through the phone, it takes place but it is not valid to take her back without a new marriage contract unless she is still in her waiting period from a revocable divorce.
If we presume that the three divorces had taken place, you are obliged to separate from your husband and it is not permissible for you to let him have sexual intercourse with you and it is not permissible for him to take you back until you marry another man in a genuine marriage and he consummates the marriage with you and then he divorces you or dies.
Anyway, the children that are born from him during this period should be traced back to him if he believed that it was permissible for him to have sexual intercourse with you during this period. For more benefit on the kinds of divorce, please refer to Fatwa 82541.
Allaah Knows best.
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