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Talaaq query: This time too you get a divorce

Fatwaa ID: 1643

Question:
Bismillah

Assalamualaykum, Dear Muftian Kiram:

One musallee sister Sr. A was married to Br. B for many years. Br. B had been very abusive and had severe anger issues.

Br. B gave her talaq baain approximately 2 years ago. After approximately one and half year of separation, Sr. A hoped that Br. B had improved his behavior.

Hence, Sr. A and Br. B married a 2nd time. Unfortunately, the abuse continued. Arguments occurred as follows.

Will the upcoming dialogues between them constitute a talaq from Br. B? If yes, will it be considered a talaaq baain (irrevocable) or a talaq rajee (revocable)?

Sr. A says:

I, Sr. A, had been crying because my daughter was very upset and she was not speaking with me. Because of our history of the abuse I had endured from him (Br. B) during my children’s childhood.

Br. B asked to meet him outside my residence.
I had been crying all afternoon.

He repeatedly called me shaitan. It triggered me and reminded me of my past physical, emotional and spiritual abuse.
Br. B asked me do you want a Khula? I replied “ yes”.
Br. B immediately said
“just like the last time ,I told you it was finished when you left, this time too you get a Divorce, go to the Mufty / Moulana”.
Br. B hung up the phone no reply or phone text for a while.

Question: Does the above count as a divorce?

Later on, he did send me more texts. Mr. B texted:

“Please forgive me, please block me forever, I don’t want to keep any relationship/ communication with you anymore. Please do whatever you need. Zazzakallah khairan.

If you are in your f… … iddah , stop writing me, stop communicating with me, block me !
I am going for salah, I will burn all the damn sharees tomorrow ! It’s a waste of my time ! Good luck on your life !

Salam, please don’t send me anything. I don’t subscribe to your religion. To me, you are not a kafir, you are not a Muslim also. I don’t associate your type of Muslims. Give it to your reverts ! Zazzakallah khairan.

I have asked you politely, do not contact me ever again please.
I am not ignorant like you think I am !
I have clear understanding about marriage/ divorce than you.

Go to your 2 cents maulana and grant it a divorce like a the last time! That’s you ! That’s your speciality! That’s why you are the reverts sister maulana! Don’t be like saytan ! If I thought you are divorced from me, why would I try to hang on to you ? Can I not get anyone else !? For my children ??? My children’s life is doomed anyway, the way you are f….ing this marriage ! They will never be able to rise up ! I can repeat thousand times ! I was trying to save my children’s life from ruin ! You have shit knowledge and marriage and divorce !!! Go to your Texas, Canada, Buffalo maulana! Give them my number!

You need to be treated. You have saytan with you. Come to me after your iddah, I will treat you InshaAllah. You don’t have jinn with you but definitely you carry some heavy saytan. I am serious. I will help you to get out of saytan InshaAllah.”

Moreover, Mufti Saab:

If Br. B says a few days later after the dialogues to Sr. A “I did not mean give divorce” and “I meant that it was a revocable (rajee) divorce”, will the ruling change about this situation?

Ajeeboo wa tujaroo. Wassalam.

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. May Allaah Ta’aala make it easy for the sister and the family. May He guide the brother and grant him the strength to fulfill the rights of those around him.

The husband’s statement “This time too you get a divorce” is an express issuance of talaaq. His statements and attitude thereafter indicate towards that as well. His claim thereafter that he did not intend divorce is contrary to that. Accordingly, one talaaq raj’ee (revocable) has taken place.

Should he wish to reconcile and take her back, he may do so without a new nikaah within the ‘iddah period, and with a new nikaah after the ‘iddah. In the latter case, her acceptance in the presence of two witnesses along with a new mahr will be necessary.

Should they reconcile, we advise them to be very cautious of their actions and words. There is only one chance left. A third divorce will result in a permanently irrevocable end unless a valid halaalah is found. We suggest that the couple consider marital counseling. They ought to be Allaah-conscious and try to fulfill each other’s rights.

We wish to highlight that Br. B’s statements regarding her Islam and his manner of conduct towards her is unbecoming and detrimental to his own faith. He must understand and be sensitive to her situation and background. Words are hurtful and leave a lasting affect.

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

02/02/1445 AH – 08/19/2023 CE | 561

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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