We divorced in anger two years ago, can we remarry now?
Salaam brothers/sisters.
I was married to my ex wife from 2008 to 2010. We then got divorced; we have two children together.
We both never remarried and we have both been thinking about giving it another go. We still feel the same about each other and we have two kids together and we wanted to give it another go for the sake of them too.
The divorce was done in anger and was said 3 times in one sentence. I then went to a divorce specialist who authorized the divorce with two witnesses and signed divorce paper.
What must we both do now in order to remarry again? I am really stressed and just want my family back. Please help.
Thank you.
W/salaam,
- Brother in Need
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ASSALAMALAIKUM- YOU NEED TO DO ONE MORE NIKAH LIKE THE 1ST ONE -BCOZ YOU DID 3 TALAQ IN ONE SITTING AND THEN YOU WERE MISGUIDED BY SOME DEVAITED UN AUTHORISED IGNORANT SELF APPOINTED PERSON WHO FOLLOWS SOME SECT[ALL SECTS ARE ILLEGAL]BCOZ THEY ARE MADE ON SOME ONE WHIMS AND FANCIES [A BLIND FOLLOWING WITHOUT EVIDENCE] AND DUE TO THAT HIS VERSION IS ILLEGAL AND HIS PRACTICE ILLEGAL AND HIS AUTHORITY NUL AND VOID..[I then went to a divorce specialist who authorized the divorce with two witnesses and signed divorce paper.]
Then on a single occasion, in a burst of temper, he utters the word “divorce” three times in a row, “talaq, talaq, talaq!” Such incidents, which took place in the Prophet’s lifetime, still take place even today. Now the question arises as to how the would-be divorcer should be treated. Should his three utterances of talaq be treated as only one, and should he then be asked to extend his decision over a three-month period? Or should his three utterances of talaq on a single occasion be equated with the three utterances of talaq made separately over a three-month period? There is a Hadith recorded by Imam Abu Dawud and several other traditionists which can give us guidance in this matter: Rukana ibn Abu Yazid said“talaq” to his wife three times on a single occasion. Then he was extremely sad at the step he had taken. The Prophet asked him exactly how he had divorced her. He replied that he had said “talaq” to her three times in a row. The Prophet then observed, “All three count as only one. If you want, you may revoke it.” Fath al-Bari, 9/275
PL NOTE STRONGLY THE 3 TALAQS IN ONE SITTING IS HARAAM AND EVEN IF PERSON GIVES TALAQ 50 TIMES OR 100 TIMES ALSO IN ONE BREATH IT IS EQUAL TO ONE TALAQ[DIVORCE]
PL SPREAD THIS MESSAGE TO THE WORLD THAT ISLAM DOES NOT RECOGNISE DEVIATED SCHOLARS EXCEPT THE HOLY PROPHET SALAHAUALAHAIWASLALAM - O Prophet, when you divorce women, divorce them for their waiting-period, *1 and compute the waiting period accurately, *2 and hold Allah, your Lord, in awe. Do not turn them out of their homes (during the waiting period) â nor should they go away (from their homes) *3â unless they have committed a manifestly evil deed. *4 Such are the bounds set by Allah; and he who transgresses the bounds set by Allah commits a wrong against himself. You do not know: maybe Allah will cause something to happen to pave the way (for reconciliation). *5"If you have to divorce your wives, you should divorce them till the expiry of their waiting-period".
The intention of this verse is further explained by a few other Ahadith which have been reported from the Holy prophet (upon wham be Allah's peace) ai d some of the major Companions. Nasa'i has related that
The Holy Prophet was infomed that a person had pronounced three divorces on his wife in One sitting. HE STOOD UP IN NAGER AND SAID-:'
`Are the people playing with the Book of Allah, although I am present among you?"Ibn 'Umar, may Allah be pleased with them, reported: I divorced my wife while she was menstruating during the lifetime of Allah's Messenger (may peace be upon him).
'Umar bin Al-Khattab (may Allah be pleased with him) asked Allah's Messenger (may peace be upon him) about it, whereupon Allah's Messenger (may peace be upon him) said: Command him ('Abdullah bin 'Umar) to take her back (and keep her) and pronounce divorce when she is purified and she again enters the period of menstruation and she is again purified (after passing the period of menses), and then if he so desires he may keep her and if he desires divorce her (finally) before touching her (without having an intercourse with her), for that is the period of waiting ('Iddah) which Allah, the Exalted and Glorious, has commanded for the divorce of women-
RE MARRIAGE EXAMPLE-
There is a common misconception that a man can say Talaq, Talaq, Talaq to his wife in a row and it will lead to Talaq. This is totally an unIslamic practice.
While marriage is the rule of life, and divorce only an exception, the latter must also be accepted as a reality. Indeed there already exist commandments to deal, accordingly, with such cases in both divine and human laws.
http://www.creatorstruth.ning.com
AsSalamualaikum,
Brother, this is a complicated matter, in which, even the scholars have differed. But majority of the scholars of today believe that it counts as one divorce and one can remarry the wife without her being married to someone else.
And Allah Knows Best
The following fataawa of Shaikh Bin Baaz support this opinion (taken from the official Darul Ifta' website):
125- Talaq which complies with the Sunnah and ruling on uttering the divorce three times in one session or in case of anger From `Abdul-`Aziz ibn `Abdullah ibn Baz to the respected brother; may Allah grant you success! Amen. As-salamu `alaykum warahmatullah wabarakatuh (May Allah's Peace, Mercy, and Blessings be upon you.) Kindly be informed that I have read your letter which contains some questions. They are answered as follows:
Q 1: What is the prescribed way of Talaq (divorce pronounced by a husband) in the light of the Qur'an and the Sunnah? A: The prescribed way is that the husband declares the divorce one time when his wife is pregnant or in a state of purity and he has not engaged in any sexual relations with her. Allah (Glorified and Exalted be He) says: O Prophet (Sallallahu Alaihi Wasallam)! When you divorce women, divorce them at their ‘Iddah (prescribed periods) It was reported in the Two Sahih (authentic) Books of Hadith (i.e. Al-Bukhari and Muslim) on the authority of Ibn `Umar (may Allah be pleased with them) that the latter divorced his wife when she was menstruating. `Umar (may Allah be pleased with him) asked the Prophet (peace be upon him) about his son’s actions to which he replied: (Part No. 21; Page No. 274) Command him to take her back, and keep her till she is purified, then has another period, then is purified. If he wishes he may keep her and if she wishes he may divorce her before having sexual intercourse, for that is the `Iddah (woman's prescribed waiting period after divorce or widowhood) which Allah commanded for the divorce of a woman. Another report narrated by Muslim from the Prophet (peace be upon him) reads: Then he can divorce her when she is pure (not menstruating) or pregnant.
Q 2: Is declaring Talaq three times in the same session regarded as one divorce or three divorces?
A: Three divorces uttered at the same time is only to be counted as one according to the soundest view of scholars. It was authentically reported in Sahih Muslim on the authority of Ibn `Abbas (may Allah be pleased with them) that the (pronouncement) of three divorces during the lifetime of Allah's Messenger (peace be upon him) and that of Abu Bakr and for two years of the caliphate of `Umar (may Allah be pleased with them) was deemed as one time of divorce. Then, `Umar (may Allah be pleased with him) said, "People hasten in a matter in which they are required to observe respite. So, it is recommended to impose it upon them," and he imposed it upon them. It is evident that the divorce in this way is counted as a threefold divorce according to Ijtihad (juristic effort to infer expert legal rulings) made by `Umar (may Allah be pleased with him). Yet, it is better to follow the authentic Sunnah than following Ijtihad made by `Umar or others for the benefit of the Muslims. This is supported by the report narrated by Imam Ahmad ibn Hanbal in his Musnad through an authentic Sanad (chain of narrators) from Ibn `Abbas that Abu Rukanah made three pronouncements of divorce and later regretted. So, he went to the Prophet (peace be upon him) who returned her wife to him, and said: It is one divorce.
Q 3: In a state of rage, a husband said to his wife: "I divorce you thrice." He later regretted and wants to take her back. (Part No. 21; Page No. 275) What is the ruling on this act?
A: According to the most correct opinion of scholars, Talaq is not effected if it is declared - once or thrice - in a fit of anger. They have to prove the claim that the apparent state which caused divorce is true. On the other hand, when anger is so intense that a person is no longer aware of what he is doing or saying, the divorce is not effected according to Ijma` (consensus of scholars). In this case, he is like one who is insane and one who has lost all power of reason due to unintentional drunkenness. Uttering divorce in a state of intentional drunkenness does not become effective due to loss of reason. `Uthman (may Allah be pleased with him) issued a Fatwa that supported this view and it was followed by a group of people of knowledge, because it was based on Shar`y (Islamically lawful) evidence. We ask Allah to guide all Muslims to understanding the religion and holding fast to it, for He is the One Who is capable to do so.
End quote...
I hope it has helped
Wassalamualaikum
Muhammad Waseem
IslamicAnswers.com Editor
Also to mention, something mentioned above, if referring to Halalah, meaning that a couple marries for a night and gets divorced, making the first husband Halal for the woman, then this is Haraam.
The supporting hadith for this is:
Abu Dawood (2076) narrated that the Prophet (peace and blessings of Allaah be upon him) said: “Allaah has cursed the muhallil and the muhallal lahu.” This was classed as saheeh by al-Albaani in Sunan Abi Dawood.
- Muhammad Waseem
IslamicAnswers.com Editor
According to most scholars, if three talaq have been givem wether in anger or in a joking way it does count, no matter what . It is hard but you have to live with the consequencesof your actions.
Ask a scholar in your local mosque for more advices but do not transgress the laws of Allah .
ASSALAMALAIKUM-
APPROACH-Ask a scholar in your local mosque for more advices but do not transgress the laws of Allah RESULT...............YOU HAVE SEEN THE AUTHORS NOTE ITSELF-
I then went to a divorce specialist who authorized the divorce with two witnesses and signed divorce paper.
HERE THE PROBLEM STARTS- BECAUSE MADHABS ARE +NOT+REVEALED IT IS BASED ON THE SELF APPOINTED LATER GENERATION SCHOLARS...
The Blind following of a particular madhab from the four madaahib is not obligatory nor is it recommended...........
And as for the madaahib [1] then they are the opinions of the people of knowledge and their understanding of some of the masaa’il (issues) and their deductions. And the following of these opinions and deductions and understandings was not made obligatory by Allaah and His Messenger peace and blessings of Allaah be upon him on anyone...........
IF THE LOCAL MOSQUE IMAM BELONGS TO ONE SECT OR 4 HE WILL LAND YOU IN THE MORE COMPLEX SITUATION BECAUSE THE 4 ARE AT LOGGER HEADS AT EACH OTHER IN ALL MATTERS OF LIFE.WHICH HAS DIVIDED THE UMMAH IN ALL ASPECTS PF LIFE-
WHY ARE WE SO DIVIDED?Because of Shirk, innovations and leaving the Sunnah AND FOLLOWING LATER GENERATION SCHOLARS.....
Why are there differences among the mujtahids in their legal opinions?
Many people wonder why it is that the mujtahids differ in their religious opinions, or fatwas, when the bases of their ijtihad are the same. Firstly, it should be said that any differences in the fatwas is hardly ever such as to be contradictory; it is almost impossible to find a case of one mujtahid saying some action is wajib and another saying it is haram
HOPE U UNDERSTAND THAT THE CONFUSION IN YOUR CASE IS NOT BLOWN OUT OF PR0PORTION.
LIKE THIS I then went to a divorce specialist who authorized the divorce with two witnesses and signed divorce paper. THIS TIME REGARDS