Divorced His Wife Five Times
Fatwa No: 409801

  • Fatwa Date:26-12-2019 - Rabee' Al-Aakhir 29, 1441
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Question

hello, i am hanafi sunni muslim. i give my wife 5 talaq on the phone in one time. that time she was pregnant now she is six months pregnant. and the talaq i give her 4 months finish now i want to bring her back to home for my children. can you please guide me.
Note : i asked to sunni mufti he said your talaq has done becasue you give 3 talaq and 3 talaq of 1 time will be consider 3 talaq. now she is haram for you.
on the other side i ask to sheikh following iman shafi

Answer

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 have divorced your wife five times all at once, then three of them have actually taken effect, and your wife has become irrevocably divorced from you according to the opinion of the majority of scholars, including the four Schools of Fiqh. The opinion of the majority of scholars is the one adopted in Islamweb as well. Some scholars, on the other hand, held that it counts as one occurrence of divorce only.

In your situation, you are required to ask a trustworthy scholar and to act upon his Fatwa. You should not consult multiple Muftis except for a valid purpose, not for the purpose of pursuing concessions.

We would like to highlight two points:

The first point is the gravity of pronouncing multiple divorces in one statement, being a form of abuse. It was narrated on the authority of ‘Alqamah that a man came to 'Abdullah ibn Mas‘ood  may  Allaah  be  pleased  with  him and said, “I have divorced my wife ninety-nine times. I asked and was told that she has been irrevocably divorced from me.” Ibn Mas‘ood said, “They wanted to separate her from you.” Assuming that Ibn Mas‘ood would grant him concession (to take his wife back in marriage), he said: “What is your opinion, may Allaah have mercy upon you?" Ibn Mas‘ood replied: “Three of them render her irrevocably divorced from you, and the rest are considered transgression.” [End of Quote, excerpted from Musannaf ‘Abdur-Razzaaq]

The second point is that a divorce issued while the wife is pregnant is a Sunnah-compliant divorce, therefore it takes effect.

Divorce is not the only solution for marital problems. Marital life should be governed by mutual respect between the spouses, and they should work together in order to maintain its stability.

For more benefit on irrevocable divorce, please refer to Fataawa 384739, 381389, 128967, and 116098.

Allah Knows best.

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