Talaq when pregnant
Salam alaikom
If a husband says talaq 3 times in one instance whilst the wife is pregnant (6weeks - although did not know this at the time) and then he does not have physical contact for 8 months, and spoken or written contact only with her for over 3 months (until after she has given birth = thus completing her iddah), is the divorce valid?
The wife and he did not discuss the divorce and only had spoken & written contact to discuss the authenticity of the alledged pregnancy - the 'talk' was not of a friendly nature.
We are Sunni Muslims
Many thanks
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Dear Writer, Asalaamualaykum,
We cannot answer your question here as this is a Fiqh matter. You would need to consult your case with a qualified Imam/Mufti.
SisterZ
IslamicAnswers.com Editor
3 times given a talaaq in a row at the moment is considered as one talaaq according to the scholars.....there is no such thing as 3 talaaqs one time according to the scholars , if he gave you a talaaq while you were pregnant and you waited out the iddat meaning you waited until you gave birth then yes the talaaq is valid and thus if he wants to marry you again he has to propose again asking your wakil for your hand in marriage thus you can get married again because that talaaq was counted as one. in todays time ppl get so angry thinking ok three talaaqs and ill be rid of her but that is not the way things work in islam ,given one talaaq sit in iddat then if they reconcile they can unite ....or after iddat remarry then later problm and a second talaaq later reconcile and then to no avail and the couple cant keep up with each other thus a third talaaq then if you wana reconcile you cant unless you marry another man and consumate the marriage and live accordingly etc.
3 times in one instance is considered by scholars, I have read this numerous times, is only considered as one divorce. It is purely because often the human heart is irrational and can be hasty in such matters, so there is little dispute over this. If it is the only time your husband has mentioned it then you're still married.
Be careful of using these words, they are very powerful, but a more apt word is, dangerous, using the term divorce is dangerous and no one should use it nilly willy.
Actually there is a difference of opinion about this. The majority of scholars consider the "triple talaq" to be a final and irrevocable divorce, while some consider it to be only one divorce. I should point out that the practice of uttering three divorces at once is haram and was condemned by the Prophet Muhammad (pbuh) as a mockery of the religion.
See this article for more info:
Ruling on Triple Divorce
Wael
IslamicAnswers.com Editor
All above answers r according to Ehle hadith , these answers r not according to sunni Hanafi. So do more research from a valid sunni hanafi mufti. Thanks.
In the name of Allah, the most Beneficent, the most Merciful.
Three talaqs issued to a pregnant woman is valid in Islam. This is the view of all the Schools of Fiqh.
In the eyes of Allah subḥānahu wa ta'āla (glorified and exalted be He), talaq is the most detestable of all the lawful acts.
It is reported from Ibn-Umar [rahinrahu] that the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said: “In the sight of Allah subḥānahu wa ta'āla (glorified and exalted be He), the worst of all halal (lawful) acts is talaq.” (Sunan Ibn Majah p146 v.1)
There are three types of talaq and the most severe is the issuing of three talaqs. This irrevocably severs the marriage, whether such talaq was issued over a period of time, in one sitting or in one breath.
There are numerous Ahadeeth where the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) in spite of showing anger against the giving of three talaqs, enforced the three talaqs.
Imam Nasaai raḥimahullāh (may Allāh have mercy upon him) reports on the authority of Mahmud Ibn-Labid that “the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) was told about a man who had divorced his wife by pronouncing three talaqs simultaneously. Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) rose in anger and said: “What is this game being played with Allah’s book while I am present amongst you?” In the meantime a man stood up and said “Ya RassulAllah (Prophet of Allah) should I not kill him? (Nasaai P98v2)
Even though the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) expressed extreme anger on the giving of three talaqs at one sitting, it is not reported anywhere that he ruled the mans talaq to be revocable (i.e. to let the man have his wife back).
2. Imam Bukhari raḥimahullāh (may Allāh have mercy upon him) reports on the authority of Aaisha [rahinaha] that “a man pronounced three talaqs to his wife. When the woman married elsewhere, the other husband also divorced her. The Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) was asked, “Is this women lawful?” He said, “Not unless the other husband has had intimacy with her as was done by the first husband.” (Bukhari)
The words of this Hadith indicate that three talaqs were given at the same time.
3. Imam Bukhari raḥimahullāh (may Allāh have mercy upon him) reports of Uwaymir raḥimahullāh (may Allāh have mercy upon him) who did lian (sworn allegation of adultery) against his wife in the presence of the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him).Following that he said: “I shall be telling a lie if I retained her”. Then he gave her three talaqs before the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) could give his verdict. (Bukhari P8 v2)
4. Hasan ibn Ali raḥimahullāh (may Allāh have mercy upon him) said (in a long Hadith, after divorcing his wife): “Had I not heard my father (Ali) narrating from my grandfather the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) say: “when a man pronounces three divorces, then his wife will no longer remain lawful for him, unless she marries another man”, I would have taken my wife back.” (Sunan al-Bayhaqi)
To sum up despite the fact that three talaqs invited the anger of the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) there consequences in any event was that all three talaqs were ruled effective. (Extracted from Maariful-Qur’an p583-586 v1)
Where as ur question the proper answer is...
This is because besides the two of them there are no other witnesses and the wife has no proof that she heard him clearly give three divorces/talaqs. If she is certain that he did in fact give her three talaqs or a Talaq Baain and in order to save herself from sinning by remaining to live with him as a wife, it will be obligatory for her to keep away from him. (Bahrur Raaiq p.257 v.2)
If the wife is 100% certain that her husband gave her three divorces then the marriage with him is broken and she will be free to do what she wants. An annulment of the marriage is not needed. (Fatawa Rahimiyah p.318 v.8)