Mufti Online — Madrasah Ta'leemuddeen

Three talaaqs

· 28 Rabiʻ II 1445 AH1 min readEnglish

Question

I got married in 2008 and I have four children. Apart from this, my wife is also 8 months pregnant.

I had verbally divorced my wife thrice 10 years ago. After this we had ruju (rejoin) within a week.

After this, 3 years ago, I and my wife had a fight due to which I divorced her thrice in writting three years ago. But then we again rejoin (ruju) within a week.

But then after that, 2 days ago, I and my wife had a fight again, on which I placed my hand on the Holy Quran Pak and told her that I will not keep you and you are haraam, haraam, haraam on me and I said that after today you will be my mother and sister.

Is my wife now divorced or not and she is also 8 months pregnant?

Answer

The first time you issued three talaaqs to your wife, your nikaah had terminated and you both were no longer halaal for each other. Thereafter, it was not permissible for you both to continue living together.

After the husband issues three talaaqs, the nikaah completely terminates and it is not possible for the husband to make ruju with his wife. Hence, all the time you both continued to live together, you both were living perpetually in sin.

You both should make sincere taubah and immediately separate from each other. If you both wish to remarry, then this will only be possible after halaalah takes place.

For further details regarding halaalah, refer to https://muftionline.co.za/node/27873

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/34306
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-34306

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“The law of shariah is that once the husband issues three divorces, the nikaah totally terminates and there is no way for the husband to reconcile. Both husband and wife become haraam for each other.”

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