She Said to Her Husband, ‘If I Proved It, It Will Count as One Divorce’
Fatwa No: 386830

  • Fatwa Date:21-11-2018 - Rabee' Al-Awwal 13, 1440
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Assalamualaikum. Me and my husband are in a argument. He told me to prove something and i told him, "if i proved it, then it wil account as one of our talaq" (as we have 3 chances). He accepted my condition saying "ok". And i proved him the matter he is asking. Now my query is it validate as one talaq? Please help me to know how many chances we have left to protect our marriage? Please tell the answer directly without relating other fatwas. If possible in Yes or No answer as already so many people in my friend circle created lot of confusion to me. Thank you


All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Since you proved to your husband what he requested from you, then it appears to us that divorce has taken place, because his answer to you “I agree”, means that “If this thing is proved to me, then it is considered one of your divorces.”

The Indian Fatwa reads:

"If she (the wife) says: ‘divorce me [i.e. in the future] for such and such a thing, and he said: ‘Yes.’; then it is nothing because it is a promise, contrarily to her saying “I am divorced for one thousand [an amount of money], and he said: ‘Yes’; then divorce takes place; it is as if he said: “Yes, you are divorced for a thousand.” [End of quote]

Al-Ikhtiyaar fi Ta’leel al-Mukhtaar reads:

If another person says to someone “If you do not give me my right today, then your wife is divorced’; and he replied to him saying ‘Yes’, and he meant giving him an answer (for what he said), then his oath is fulfilled because the answer requires repeating the question; it is as if he said: “Yes, my wife is divorced if I do not give you your right.” [End of quote]

However, this oath does not lead to more than one divorce; so one divorce has taken place, and two more divorces remain.

This is of course if we presume that your husband had intended divorce, but if he had intended a promise to divorce you in the future, then in this case, his divorce did not take place, because the promise of divorce does not entail divorce.

Allah knows best.

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