Imaamat of an Imaam that lives with his wife after divorcing her thrice

Question:-

The Imaam (who is a Hafiz) in our locality has divorced his wife thrice. However, he continues living with her and leading the people in Salaah. What is the status of his Imaamat? Are we required to repeat the Salaah performed behind such an Imaam?

Answer:-

Three Talaaqs issued whether in one sitting or at different intervals are effective and valid. Hence, in the queried scenario, the Hafiz Saheb’s wife will be considered as divorced thrice and be required to separate from him immediately. Obviously, the Hafiz Saheb cannot return to her until she marries another person (after serving her current Iddat if the Iddat of Talaaq hasn’t reached completion as yet) who then either passes away or divorces her for whatever reason. After serving her (second) Iddat at that stage, he may remarry her.

However, by remaining with her at this stage after issuing three divorces, it will be considered as living in Zinah. Such an Imaam therefore falls in the category of a Faajir and Faasiq. It is Makrooh-e-Tahreemi to follow such an Imaam in Salaah. The trustees should therefore dismiss the said Imaam, if he is not willing to separate from his wife immediately and resort to sincere Taubah. However, the Salaah performed behind the Faasiq Imaan will not have to be repeated.

فاسق کی امامت مکروہ تحریمی ہے فاسق وہ ہے جو کبائر کا مرتکب ہو یا صغائر کا عادی ہو – فتاوی رحیمیہ ص۱۶۳ ج۱

اور ایسے امام – یعنی فاسق – کی اقتداء مکروہ  مکروہ تحریمی ہے مگر نماز ہوجائے گی لوٹانا ضروری نہیں ہے – احسن الفتاوی ۲۸۸ ج۳ / محمودیہ ۲۱۱ ج۶

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 28 Rabi-ul-Aakhir 1434 / 03 December 2021