Three separate divorces

16-12-2008 | IslamWeb

Question:

re question number2210361 assalamo alaikoum he divorced me the first time in may 2007 and was very angry we did have a big argument but i did not leave home because the imam said that it does not count because of the anger.the second time was in april 2008 and was after a big fight as well but i have never left my home .the third time he was having a big argument with my dad over the phone and being angry as a mad he said to my dad your daughter is talik bitalat.since then i did not come back to him and this was in july 2008.now he wants to take me back and i don,t know if we are allowed or not .so all together is three times with the gap of time as explained .and my husband is a very very nervous man and gets angry as mad very quickly now he regrets but do not know what to do assalamou alaikoum
Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) is His slave and Messenger.

 

First of all, you should know that getting angry does not prevent divorce from taking place unless the husband said this when unconscious; for more benefit, please refer to Fatwa 81843.

If your husband uttered the word divorce while being conscious about what he said, then divorce takes place. Moreover, the majority of the scholars may Allaah have mercy upon them are of the view that uttering three times divorce in one session is considered as three divorces.

However, some other scholars may Allaah have mercy upon them are of the view that uttering three times divorce in one session is only considered as one divorce.

Therefore, according to the view of the majority of the scholars may Allaah have mercy upon them that divorce took place three times, and also according to the second view that it is only one divorce while assuming that the first and second divorces took place, then in this case you have become irrevocably divorced from your husband and you will not become permissible for him unless you marry another man [a true marriage and that man consummates the marriage with you and then he dies or divorces you]; for more benefit on three times divorce, please refer to Fataawa 84170 and 83467.

Also, for more benefit on the kinds of divorce and how to take the wife back in each kind of divorce, please refer to Fatwa 82541.

However, since the matter requires more details, it is better for you to consult one of the Islamic centres in your country.

Allaah Knows best.

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