Fatwa No : 78299
Ruling of 3 Talaqs pronounced in a state of anger

Ruling of 3 Talaqs pronounced in a state of anger

ago, with whom we have three children. About fifteen or twenty days ago, there was a dispute between us, and in anger I said the phrase "I divorce you" to my wife three times. How many divorces have occurred between us due to this incident? And what will be the form of reconciliation between husband and wife? Please guide me.

الجوابُ حامِدا ًو مُصلیِّا ً

It should be clear that giving Talaq even in a state of anger, establishes the Talaq as per the Sharia. Therefore, in the case of the questioner, when he used the said words "I divorce you" three times to his wife, the three divorces have been pronounced on the questioner's wife and her Hurmat e Mughazhzhala (absolute prohibition) has been proven, which cannot be revocable now and they cannot remarry without Halala e Shari’yya. Therefore, it is obligatory for both of them to immediately separate from each other and never establish marital relations, otherwise both of them will be grave sinners, while the woman is also free to marry elsewhere after completing the waiting period of Iddat.
And Halala e Sha’iyya is, that a woman, after completing the waiting period, should marry a Muslim without being subject to any conditions and if the second man divorces her immediately after intercourse (which is necessary for Halala e Shar’iyya) or after some time of married life, or if he does not divorce her, but dies, in any case, after completing her waiting period, if she wants to enter into the marriage contract with her first husband and the first husband is also willing to keep her, then they can remarry in the presence of witnesses with a new Mahar and live together as husband and wife. However, making the Halala Shar’iyya with the condition that the second husband will divorce the wife after intercourse, so that the first husband can remarry her, is a disliked and forbidden marriage, and there are warnings about this in the Hadith. However, doing so without conditions is permissible and correct.

مأخَذُ الفَتوی

کما فی رد المحتار: ويقع طلاق من غضب الخ (مطلب فی طلاق المدھوش، ج 3، ص 244، ط: سعید)۔
و فیہ ایضاً: أن من وصل في الغضب إلى حالة لا يدري فيها ما يقول يقع طلاقه الخ (مطلب فيما لو حلف وأنشأ له آخر، ج 3، ص 369، ط: سعید)۔
و فی الھندیۃ : وإن كان الطلاق ثلاثا في الحرة وثنتين في الأمة لم تحل له حتى تنكح زوجا غيره نكاحا صحيحا ويدخل بها ثم يطلقها أو يموت عنها كذا في الهداية الخ ( فصل فیما تحل بہ المطلقۃ، ج 1، ص 473، ط: ماجدیہ)۔