Divorcing ones wife while under the influence of drugs
Question
I relapsed into drugs after years this past weekend, my wife which is 3 months pregnent with our second child and I had an argument about it, I was very angry at the time I said talaq 3 times at once over bbm while not in the right frame of mind. Is it still valid? We are both in deep regret I do not know where to turn. I did make a mistake taking the substance over the weekend and have already booked for a rehab. Due to the facts sent by msg, thrice at once, wife being pregnent, being under the influence these factors could perhaps make it null and void.
I have had a response to the above stating it is valid.
I have forgotten to mention that my wife and I were separated previously and that I gave a single talaq straight after we had separated. We had only decided to reconcile after 10 months. I am unsure on this, did this mean we had to make nikah again if we got together after 10 months? Does this mean the few months we spent together was haraam and is the triple talaaq I gave void since we we're actualy not married again?
Answer
If after issuing the first divorce three menstrual cycles passed upon your wife without you revoking the talaaq, the nikaah had terminated. Since a new nikaah was not performed (after the ten months), your remaining with your previous wife for these few months was impermissible. Accordingly the talaaqs issued via BBM are not valid.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/2337
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-2337