Mufti Online — Madrasah Ta'leemuddeen

Husband getting intimate with wife after issuing three talaaqs

· 16 Rabiʻ I 1446 AH1 min readEnglish

Question

Date of Divorce Deed: The divorce deed was signed on August 24, 2024.

Knowledge of Divorce: I was unaware of the divorce deed until September 15, 2024, when it was sent to me via WhatsApp.

Marital Relations: My husband came to my house and slept with me on August 29, 2024, after the deed was signed but before I was aware of it.

Pregnancy: I am currently 4 months pregnant.

My husband gave me one divorce on October 11, 2022. The fatwa was issued that it was one divorce and we consummated our marriage within the period of 90 days.

Now he sent a divorce deed in a WhatsApp message in which it is written that I give you divorce+divorce+divorce. The date mentioned on it is August 24, 2024.

Is it a second divorce or divorce has happened completely.

Kindly issue a fatwa regarding this.

Answer

Since he had written " I give you divorce+divorce+divorce", the remainder two divorces has taken place as he had given you one divorce in October 2022. Now that all the divorces are given, you both are haraam for each other and your iddat has commenced.

Your iddat will be till the delivery of the child, and the child will be regarded as his child. Since you did not know about the divorces, you will not be sinful in the court of Allah Ta'ala for having relations with him, but he will be sinful for having relations with you after knowing that he had divorced you all three divorces.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/35130
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-35130

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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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