Have three Talaaq occurred?

Published on Saturday, 16 January 2016 01:00 in Nikah / Marriage - Read 3431 times

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Question

AssalamoAlaikum.. My husband divorced me 3 times at 2 different occassions , so i want to know if 3 divorces really occurred or not..

(1) he divorced me 2 months ago with the intention of 1 Talaq, saying this: "im giving you 1 Talaq", But we made rujoo and started living together again.

(2)Now 2 months after that, yesterday morning i was at my parents home, he called me and said "Talaq to you", then someone asked him to say my name and then say Talaq, Then he repeated "Mehak i give you 1 Talaq". 

Please Sir, can You tell if These are 3 Talaqs in total? Tell me if 3 Talaqs have occured or not? Because he has used the word Talaq, and the entire phrase 3 times in 2 different occassions.

Answer

Wa Alaykum Al-Salam

As per the information provided in the question, all three talaaq have occured and it is compulsory upon both to stay away from each other to protect themselves from 'haraam' as they are not lawfully husband and wife anymore.

The second and third talaaq that the husband has given two months after the first talaaq are definitely considered as two seaparate talaaq even if the husband says that the third time he said the words with his wife's name, his intention was to provide a repetition of the second talaaq. This excuse or reason is not considered by law as the words he has used are sareeh (clear) and in sareeh this excuse is not valid.

In Surah Al-Baqarah, Verse: 230, Allah has said,

“And if he divorced her (the third time), then she is not lawful unto him thereafter until she has intercourse with another husband. Then if he (the other husband) divorces her then it is no sin for both of them that they come together again if they consider that they are able to observe the limits of Allah. And these are the limits of Allah, He manifests them for people who have knoweldge.”

The above verse of the Quran explains that they may only wed each other again after halalah has taken place and Allah knows best.

Zahid Hussain Al-Qadiri
(Beggar at the doorstep of Scholars)
28th Rabi al Awwal 1437 AH

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