Question:-
In 2019, my husband and I had a severe fight which led him to utter the words of Talaaq once. After a few hours, we continued fighting and he called me by my full name and said that he gave me Talaaq (that was approximately 7 to 10 times). It was almost the afternoon when we realized what had happened and therefore called a Maulana who said that we are divorced. I did consult numerous Muftis and Maulanas and they all said that we are divorced. He consulted with a few Maulanas and his Sheikh who said that we are still married because, his Sheikh’s opinion on the matter is that I am possessed by Jinn. My argument is, even if I am possessed, he was not possessed by anything when issuing the divorce. It’s been almost 3 years now and he says that we should continue living as normal. We are constantly at loggerheads with each other and it does not feel like a marriage. I therefore require some advice.
Answer:-
You stated in your query that your husband divorced you in 2019 where he issued one divorce using clear words of Talaaq resulting in a Talaaq-e-Raj’ee being effective. He thereafter uttered clear words of divorce seven to ten times.
In the above scenario, three divorces were effective and it was Haraam for you to continue living with him after he issued the third divorce. You should therefore sincerely repent for continuing a relationship with him and living in sin. You are required to separate from him immediately as he is no longer your husband. Since three menstrual cycles have already elapsed since the divorces, you are now free to marry another man if you wish to do so. We have cited the proofs which are listed below:
Daar-e-Qutni has narrated from Ali Radiallahu Anhu,
عَنْ عَلِيٍّ , قَالَ: سَمِعَ النَّبِيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ رَجُلًا طَلَّقَ الْبَتَّةَ فَغَضِبَ , وَقَالَ: «تَتَّخِذُونَ آيَاتِ اللَّهِ هُزُوًا , أَوْ دِينَ اللَّهِ هُزُوًا وَلَعِبًا , مَنْ طَلَّقَ الْبَتَّةَ أَلْزَمْنَاهُ ثَلَاثًا لَا تَحِلُّ لَهُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ» (سنن دار قطنى)
Ali Radiallahu Anhu narrates that Rasulullah Salallahu Alaihi Wasallam heard that a certain person had given his wife “Talaaq-e-Albattata (by using the word ‘Albattata’ one Talaaq could be meant and three can also be meant). Rasulullah Salallahu Alaihi Wasallam became upset and said, “You are making the verses of Allah Ta’ala a play and amusement. Whoever issues three Talaaq-e-Albattata, we will make three Talaaq binding upon him (then the woman will not be Halaal for him) until she marries another man.”
There is a narration of Daar-e-Qutni on the authority of Muaaz Radiallahu Anhu,
عن أنس قال سمعت معاذ بن جبل قال قال لي رسول الله صلى الله عليه وسلم يا معاذ من طلق للبدعة واحدة أو اثنتين أو ثلاثا ألزمناه (سنن دار قطنى)
Anas Radiallahu Anhu narrates, “I heard Mu’aaz Radiallahu Anhu saying that Rasulullah Salallahu Alaihi Wasallam told me, ‘O Muaaz! Whoever issues a Talaaq in a manner that is Bid’at, irrespective of whether he issues one, two or three Talaaq, we will make it binding upon him,’.”
عَنْ إِبْرَاهِيمَ بْنِ عُبَيْدِ اللَّهِ بْنِ عُبَادَةَ بْنِ الصَّامِتِ , عَنْ أَبِيهِ , عَنْ جَدِّهِ , قَالَ: طَلَّقَ بَعْضُ آبَائِي امْرَأَتَهُ أَلْفًا فَانْطَلَقَ بَنُوهُ إِلَى رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ , فَقَالُوا: يَا رَسُولَ اللَّهِ إِنَّ أَبَانَا طَلَّقَ أُمَّنَا أَلْفًا فَهَلْ لَهُ مِنْ مَخْرَجٍ؟ , فَقَالَ: «إِنَّ أَبَاكُمْ لَمْ يَتَّقِ اللَّهَ فَيَجْعَلْ لَهُ مِنْ أَمْرِهِ مَخْرَجًا , بَانَتْ مِنْهُ بِثَلَاثٍ عَلَى غَيْرِ السُّنَّةِ , وَتِسْعُمِائَةٌ وَسَبْعَةٌ وَتِسْعُونَ إِثْمٌ فِي عُنُقِهِ» (زاد المعاد ص330 ج3)
This narration has been mentioned in Musannaf Abdur Razzack with similar words.
عَنْ عُبَادَةَ بْنِ الصَّامِتِ قَالَ:ا اباه طَلَّقَ جَدِّي امْرَأَته أَلْفَ تَطْلِيقَةٍ، فَانْطَلَقَ عُبَادَة إِلَى رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ، فساله صَلَّى الله عليه وسلم فَقَالَ النَّبِيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: «بانت بثلاث فى معصية الله تعالٰى وَبقى سبع وتسعون عُدْوَانا وَظُلْما، إِنْ شَاءَ اللَّهُ تَعَالَى عَذَّبَهُ، وَإِنْ شَاءَ غَفَرَ لَهُ» (مصنف عبد الرزاق)
Hadrat Ubaada Bin Saamith Radiallahu Anhu narrates that his grandfather gave his wife a thousand Talaaqs. Hadrat Ubaadah Radiallahu Anhu came into the company of Rasulullah Salallahu Alaihi Wasallam and explained the entire incident. Rasulullah Salallahu Alaihi Wasallam mentioned that the wife is now separated with three Talaaq and the 997 Talaaq will be oppression and transgression. If Allah Ta’ala wills, He will punish him for the oppression, or if He wishes, He will forgive it.” This narration has also been recorded in Tabrani.
In these narrations it is quite clear that a thousand divorces were issued. However, Rasulullah Salallahu Alaihi Wasallam accepted that three have taken place and the remainder will be regarded as sinful.
ALLAH TA’ALA KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date: 29 Dhul Qa’dah 1443 / 30 June 2022
