Sending A Message Of Talaaq

Question

QUESTION:

A husband gave his wife one Talaaq verbally, and after one month, two Talaaqs via a text message from his mother’s phone. The mother forced him to send the

Talaaq messages.

Q1) Does a Talaaq sent via text message fall?

Q2) If it falls, is it counted from his mother’s phone, although he did say he sent the message?

Q3) If you are forced to give a Talaaq, does it count?

Q4) How do they get back together if all three Talaaqs have been issued?

Mufti Mohammed Desai · Accepted Answer

A1) A message of Talaaq that is typed in the absence of one’s wife and sent to her is effective and valid.

A2) If the husband sent the messages of Talaaq from his mother’s phone, then too it will be valid.

A3) A written Talaaq (sent via sms or Whatsapp etc.) issued under such duress where one fears losing his life or a limb of his body, will not be valid. However, this was not the case with the person’s mother (that she threatened to harm or kill him), hence the Talaaq will be valid.

A4) Since three divorces were issued in the above instance, the lady will have to serve her Iddat which is three menstrual cycles. On completion of her Iddat, she will have to marry another person with whom she will have to be intimate. If he divorces her thereafter, or predeceases her, then she will have to serve her Iddat for the second time. When this Iddat is over, then she may return to her first husband.

N.B. The Iddat of Talaaq is three menstrual cycles, and the Iddat of demise is 4 months and 10 days.

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