Fatwaa ID: 1248

Question:

Assalamu alaikum
Respected mufti hope you’re well.

I have a question related to Talaaq.

My wife and I have been seperated for five months. She feels I have been emotionally abusive and controlling towards her. In this time of seperation I have issued two talaaqs to her. (the first one was revocable and the second irrevocable)

My Question is with regard to a third occasion where a conditional talaaq was issued about two years ago.

According to me I said the following to her :
If you swear at me one more time you will be divorced, my intention was limited to one month, as I knew she would eventually swear at me at some point in the future.

According to her version I said the following to her :
“If you swear at me once I will seperate from you for one week, and if you swear me again then one talaaq will fall”

Please advise if the talaaq has fallen, as we are uncertain about what to do going forward

I have not forwarded this question to any other darul iftaa.

Please advise

Jazakallah Khairan

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.

1. If there is a dispute or difference between the claim of the husband and the wife in terms of talaaq, then the husband’s statement will be taken unless the wife is able to substantiate her claim. The husband’s claim will be coupled with a solemn oath in the name of Allaah Ta’aala. We presume that the wife does not have any substantial proof that the husband has said as she has claimed and thus we will give preference to the husband’s claim. Should she have proof otherwise, the ruling hereunder may be different.
2. The default of a conditional talaaq is that it is not restricted to a time frame unless the setting or situation indicates otherwise, in which case it will be restricted to the gathering in which it was issued.

Based on the details of the query, it seems that there was an argument between you and your wife wherein you issued the conditional talaaq. Thus, the conditional talaaq was restricted to the gathering. As such, if she swore at you again during that gathering or setting, then talaaq would take place. If she did not, then the conditional talaaq was void.

If there was no argument or the implications of the statement indicated that the conditional talaaq was not restricted to the gathering, then it would be open ended and would take place anytime thereafter when she swore at you.

It is not clear from your query which situation from the above two applies to you and whether she swore at you again in that gathering or thereafter. If the condition was found, then that would constitute a talaaq baain. We would require further details to advise further. You may revert to us with this.

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

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

معين المفتي على جواب المستفتي (ص 210)
“إن” على التراخي إلا بقرينة الفور.

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