Tuesday | 27 October 2020 | 10 Rabiul-Awal 1442
Gold NisabSilver NisabMahr Fatimi
$5365.12$479.39$1198.48

Fatwa Answer

Question ID: 959 Category: Dealings and Transactions
Talaq/Divorce

Assalam Alaikum,



My husband said talaq 3 time in one sitting and he was very mad at that time.isit considered as only one talaq because, i read online and also i was in my menstrual cycle at that time ad he didnot knew that. i want to know is this talaq valid..also we wanted to reconcile and we had sexual intercourse after i was clean...please i want to know can we get together back . i want my husband back please....if you can please reply me greatly appreciated...

Thanks Much

الجواب وبالله التوفيق

As per the situation described in your question, 3 divorces have taken place (which constitutes Talaq-e-Mughallidhaor an irrevocable divorce). This ruling is consistent across all 4 authentic madhahib(i.e. Hanafi, Shaf‘ai, Maliki and Hambali). It is Haram(impermissible) for the two of you to live together without performing a ‘Shar‘ai Halalah’, and having any physical relationship is strictly impermissible and a major sin. The two of you should repent and do Istaghfarfor whatever has happened after the divorce.

 

فَاِنۡ طَلَّقَهَا فَلَا تَحِلُّ لَهٗ مِنۡۢ بَعۡدُ حَتّٰى تَنۡكِحَ زَوۡجًا غَيۡرَهٗ ‌ؕ (البقرۃ 230

عن ابی ھریرۃرضی اللہ تعالی ٰ عنہ قال قال النبی ؐثلاث جدھن جد و ھزلھن جد النکاح والطلاق والرجعۃ

(ابو داؤد، ترمذی –باب فی الطلاق علی الھزل)

 

The fact that you were in menstruation and your husband was mad at you does not change the above ruling.

(ویقع طلاق من غضب (رد المحتار

 

The process of a Shar‘ai Halalah is as follows:

  • After completion of the period of the ’Iddat(which is equal to 3 consecutive menstrual cycles) the wife should perform Nikah with another man
  • The marriage shall be consummated
  • The husband should give divorce with his own free will to this woman 
  • The woman should complete the period of ’Iddat(which is equal to 3 consecutive menstrual cycles)for this divorce

 

Once the above steps have been taken, this woman will be allowed to marry her previous husband.