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Question ID: 775 Category: Dealings and Transactions
Talaq/Divorce

Respected Brother Mufti, 

I have a problem of divorce, My husband said once to me that i m saying it one time and 2 are remaining but he didn't use word talak, at that time my husband was mad but he has the sense of counting divorce in Islam since we marry in an islamic way. then after 6 months I and my husband had the fight he hit me and went to jail, then he stayed there for 1 day and night, and came back next day, but stayed out of the house, he said he didn't eat anything or chew his tobacco, I and him talked and settled everything, then my sister came and she and him got in an argument, my husband got angry again and he went out of the house, and he said talak talak talak but he didn't mention talak now or talak later, but he said that everything was OK in between us, but because of her i said it. According to US laws when I told him that i will not give u divorce so he said there is no need of it. so does he means he doesn't want to make me free which is actually the meaning of divorce.
I want to know that if his intentions were not there so does it still counts 3 or 1.

Brother Mufti my question is that does an anger has any limit in saying divorce because he said it three times, without counting that he only need twice. To me he was so angry that he couldn't remember the last time he have said it and he doesn't need to say it three times, he only would need it 2 times if he wanted to say it completely. I never saw him this much angry, but he used to loose his temper when he wasn't able to chew his tobacco for long time.
My question is that can this divorce counts one instead of three since he didn't know his numbers.

Brother I need a fatwa from the Quran and from sura talaq. I want to have the right to have the talak in the Islamic Way.

Jazakallah

الجواب وبالله التوفيق

As per the accuracy of the situation described in your question, all three divorcesissuedhave taken effect. When absolute words are used to issue a divorce, accompanying intention is not required in order for the divorce to take effect. By saying I did not have any intention now, will not have any effect on the validity of the issued divorces. Rasulullah Sallallaho Alyhi Wasallamhas said:

عن ابی ھریرۃ قال قال رسول اللہ صلی اللہ علیہ وسلم ثلث جدھن جد و ھزلھن جد النکاح والطلاق والرجعۃ

(ترمذی شریف باب ما جاء فی الجد والھزل فی الطلاق )

Translation: Three things are such that not only their reality is reality but stating them jokingly also becomes reality. Those three things are, Nikah, Divorce, and Raja‘(i.e. reconciliation).

وصریح الطلاق لا یحتاج الی النیۃ (رد المختار، فتاویٰ رحیمیہ ص486، ج4

Divorce is usually issued in anger therefore when a divorce is issued in anger it takes effect and whatever number of divorces is issued will take effect.

(ویقع طلاق من غضب خلافا لابن قیم وھذا الموافق عندنا۔ (حاشیہ فتاویٰ محمودیہ، ص 149، ج18، بحوالہ در محتار

واللہ اعلم  بالصواب

Answered on: 15 November 2019 | 18 Rabiul-Awal 1441 Answer By: Mufti Ghulam Samdani Sahib Checked By: Mufti Mohammed Navalur Rahman