Issuing Three Talaqs

Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam / Wednesday, July 21st, 2010

1. If a man issues three divorces to his wife, she becomes completely haram for him. Even if they renew their nikâh, it will be harâm for this woman to live with him. This nikâh will not be valid irrespective of whether the three divorces were issued in clear terms or in vague terms. If a woman who has been issued three divorces wishes to live with her first husband and wishes to remarry him, there is only one way in doing this. That is, she will have to marry another person, engage in sexual intercourse with him, and when he dies or divorces her, she must complete her ‘iddah. Upon completing her ‘iddah, she can remarry her first husband. Without marrying a second person, she cannot remarry her first husband. If she marries a second person, but he passed away before he could engage in sexual intercourse with her or divorced her before engaging in sexual intercourse with her, then this will not be considered. She can only marry her first husband when her second husband has intercourse with her. Without this intercourse, she cannot remarry her first husband. Understand this well.

2. There are different ways in issuing three divorces. One is that the person issues them at one time, e.g. he says: “I give you three divorces” or “I divorce you, I divorce you, I divorce you.” The second way of issuing three divorces is to issue them over a period of time, e.g. he issues one today, another one tomorrow, and the third one the day after tomorrow. Alternatively, he issues one divorce this month, another the following month, and a third divorce in the following month. However, all these are issued within her ‘iddah. The same rule will apply to all the different forms of issuing the talâq. The right or choice to keep one’s wife only remains when a person issues one or two divorces in clear terms and not three. Once he issues three, he has no choice or right to keep his wife.

3. A person issued a talâqur raj’î to his wife. Thereafter he decided to keep his wife. After a few years he became angry over some matter and therefore issued another talâqur raj’î (in which he has the right of keeping his wife). When his anger subsided, he decided to keep his wife and did not let her go. These divorces that he issued will be counted as two divorces. If, at some time or the other, he issues one more divorce, it will total three divorces. Once this occurs, the rules that have been mentioned in mas’ala number one will apply over here as well. That is, she cannot remarry this husband of hers unless she marries another person first.

Similarly, if a person issues a talâqul bâ’in (in which he does not have the right to keep his wife), the marriage will be annulled. Thereafter, he regretted his action and both of them decided to remarry. After some time, he became angry with her again and issued a talâqul bâ’in. After his anger subsided, he remarried her. He thus issued two divorces. If he issues one more divorce, the rule mentioned in mas’ala number one will apply. That is, he cannot remarry her unless she marries another person first.

4. If the woman marries another person on the condition that he would divorce her after engaging in sexual intercourse with her, this person is not bound to fulfil this condition. He can divorce her if he wishes or keep her if he wishes. Furthermore, he can divorce her whenever he wishes – he is not bound by any time limit. It should be borne in mind that it is a major sin and harâm to marry on such a condition or promise. One is cursed by Allah Ta‘âlâ. However, despite this, the nikâh will be valid. If such a nikâh takes place, the second husband has intercourse with her, and thereafter passes away or divorces her, it will be permissible for her to remarry her first husband.

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