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Divorce query

Fatwaa ID: 2370

Question:
As-salāmu ʿalaykum, I need a help with the following divorce matter. If my question can be answered, I would really appreciate it.

Statement from my wife:
On the initial occasion when I demanded divorce from him he said it in English by stating, “I divorce you.” Following this, I demanded the same declaration in Arabic, to which he responded with, “طلقتك مرة اخرى” though his intention was to say “طلقتك مرة واحدة.”

During my most recent demand for a divorce, he pronounced, “I divorce you. That’s it, this is the third one, you can’t do anything”.

Please let us know how many talaqs took place and or if this was a kul’ah. Jazāk Allāhu Khayran


Question from wife:

Asalam’Alaykum I need help with a divorce matter. If my question can be answered it will be greatly appreciated. Scenario of what took place is in the above attachment. JAK

There were two incidents that took place 1st one in December 2nd 2023 Second one on April 11 2024

please let me know if this is a second divorce JAK

As-salāmu ʿalaykum, I need a help with the following divorce matter. If my question can be answered, I would really appreciate it.

During December 1st 2023 On the initial occasion when I demanded divorce during a heated argument from him he said it in English by stating, “I divorce you.” Following this, I demanded the same declaration in Arabic, to which he responded with, “طلقتك مرة اخرى” though his intention was to say “طلقتك مرة واحدة.”

Occured during April 11 2024 During my most recent demand for a divorce, he pronounced, “I divorce you. That’s it, this is the third one, you can’t do anything”. Please let us know how many talaqs took place . Jazāk Allāhu Khayran

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

We take note of the details of your query. Kindly find below our correspondence with your wife, dated 04/28/2024. We maintain our position. The nikaah has permanently broken and there is no scope of reconciliation.

Start:
Question:
As-salāmu ʿalaykum, Sh. I need help with the following divorce matter. If my question can be answered, I would really appreciate it.

During December 1st 2023 On the initial occasion when I demanded divorce during a heated argument from him he said it in English by stating, “I divorce you.” Following this, I demanded the same declaration in Arabic, to which he responded with, “طلقتك مرة اخرى” though his intention was to say “طلقتك مرة واحدة.”

Occured during April 11 2024 During my most recent demand for a divorce, he pronounced, “I divorce you. That’s it, this is the third one, you can’t do anything”. Please let us know how many talaqs took place . Jazāk Allāhu Khayran

Both of these events took place in moments of anger as well there no base in these demands

I don’t understand Arabic at all
I had no idea what he said
He only mentioned this recently

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

We take note of the details of your query. In the enquired situations, the marriage has irrevocably broken. The statements of the husband, which were all clear and express, constituted three divorces, i.e., talaaq mughallazah. You cannot reconcile with your now ex-husband unless a valid halaalah is found. This is the consequence of your demands.

When your husband uttered the statement “I divorce you.” on December 1, 2023, that was the first. When you unnecessarily demanded from him that he say it in Arabic, he responded with طلقتك مرة اخرى in one single statement, which means “I have given you divorce another time”. This was the second divorce. His intention is irrelevant as the words are clear. The intention is of concern only where the words are ambiguous or unclear. Furthermore, it is obvious from the query that both of you understand Arabic or at least the statements in question. Even if you do not understand Arabic, then too it would not affect the conclusion. In addition to this, it is obvious from his later statement on April 11, 2024 that he did not actually intend “طلقتك مرة واحدة” as you have claimed. Him expressly stating that this is the third shows that he regarded his Arabic statement on the 1st of December to be the second.

As for your concern about the divorces taking place in moments of anger, which divorce takes place in happiness? Nonetheless, divorce in the condition of anger is valid and binding unless the anger was so intense that he was not in his cognizant senses such that he would not be able to differentiate between his wife and mother or between the sky and the earth. It was obvious from your question that this was not the situation. His statements are in two languages and he also made clear detailed statements.

As for your claim that there was “no base in these demands”, that is irrelevant to the conclusion. Whether or not you had any base or purpose, the conclusion is based upon his statements.

We advise you to accept the conclusion without looking for further excuses. Be Allaah-conscious. You made demands and he gave you that and more. It is important that couples refrain such discussions of divorce when heated or in arguments. Statements are often made which later result in regret.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

10/19/1445 AH – 04/28/2024 CE

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

End.

We note that this answer was asked from multiple scholars and Darul Iftaas. We only came to know of this after answering the initial question. Should we have known this from before, your questions would not have been answered. Nevertheless, we advise the now ex-couple to refrain from fatwaa shopping and accept the verdict. It may be difficult to accept. We sympathize with both of you and pray that Allaah Ta’aala grants both of you the courage and strength to move on. Perhaps what is ahead will be better than the past. Remain positive and optimistic.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

11/17/1445 AH – 05/25/2024 CE | 1103, 1130, 1131, 1132

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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