Fatwa #1450529 August 2006Mauritius
My cousins (a hanafi) recently gave three talaaqs to his wife as follows: "I give you your three talaaqs all in one go." Is his NIKAH valid?
Question
My cousins (a hanafi) recently gave three talaaqs to his wife as follows: "I give you your three talaaqs all in one go." Is his NIKAH valid?
After one week he regrets and gets a fatwa from the SALAFI people that the three talaaqs count as one. and says that in the quraan it is mentioned that three talaaqs in one sitting counts as one. Can you please also clarify the verse of the quraan for me.?
He is now living with his wife? What is the Islamic rule regarding it?
Answer
The three Talaaqs issued in one sitting are three and not one. That is regarded as Talaaq-e-Mughalladha (permanently severe divorce). It is not permissible for the husband to reconcile with his wife without Halaalah.
If the husband intended to issue one divorce only, why did he say ‘your three talaaqs…’ Furthermore, there is no difference of opinion in such a statement constituting three divorces. All are unanimous in this. The difference is if the word Talaaq or divorce is uttered separately three times in one sitting. For example, Talaaq, Talaaq, Talaaq. Even in this case, we are of the opinion that three Talaaqs have taken place. In the enquired case, there is no differences of opinion as three divorces are issued in one word ‘three Talaaqs…’ below is our research on three divorces.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai