Are Talaaq-e-Baain and 3 talaaqs are the same? In case of 3 talaaqs, halaah is necessary. Is Halaah is also necessary in Talaaq-e-Baain for couples to reunite?
Question
Are Talaaq-e-Baain and 3 talaaqs are the same? In case of 3 talaaqs, halaah is necessary. Is Halaah is also necessary in Talaaq-e-Baain for couples to reunite?
Answer
If a person issued his wife on Talaaq-e-Baain, the Nikah is terminated immediately. However, if the couple wish to reconcile, they may do so by having a reperformance of a Nikah. There is no need for Halaalah in this instance.
If a person issued his wife three divorces, then the marriage is permanently terminated. He cannot reconcile with his wife without making Halaalah.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
- Answered by
- Mufti Ebrahim Desai
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/12422
Fatawa SA: https://fatawa.co.za/fatwa/askimam-12422
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“The law of shariah is that once the husband issues three divorces, the nikaah totally terminates and there is no way for the husband to reconcile. Both husband and wife become haraam for each other.”
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