Out of anger If one says Talak to his wife and repent to Allah
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa
Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
this question:
Dear
Brother Borhan,
Out of
anger If one says Talak to his wife and repent to Allah ,does taubah, have
physical relation with wife. It happen couple of times. The couple want to
continue thier marrage life, they have got children. What would be the solution
from fiqh point of view. Please guide.
Regards,
Mohammad
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errors in the above statement. The forum does not change anything from
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confidentiality.)
Answer:
Give divorce in anger and reunite
In the name of Allah, We praise Him, seek His help and ask
for His forgiveness. Whoever Allah guides none can misguide, and whoever
He allows to fall astray, none can guide them aright. We bear witness that
there is none worthy of worship but Allah Alone, and we bear witness that
Muhammad (saws) is His slave-servant and the seal of His Messengers.
Sunan of Abu-Dawood Hadith 2189 Narrated by Abu Hurayrah
The Prophet (saws) said: ‘There are three
things which, whether undertaken seriously or in jest, are treated as serious:
Marriage, divorce and taking back a wife (after a divorce which is not final).’
Whether in anger or in peace, intentionally or
unintentionally, seriously or in jest, if the husband pronounces divorce upon
his wife by saying something to the effect that ‘I divorce you’, a divorce will
be deemed legally established between that husband and wife in marriage.
If the husband declared the terms to the effect ‘I divorce
you’ to his wife once, one divorce will be established; if the husband pronounced
the divorce a couple of times to his wife, then two divorces will be
established; and if the husband pronounced the divorce more than twice to his
wife, an irrevocable divorce will be deemed established in the Sight of Shariah
Law and of Allah Subhanah.
Allah Says in the Holy Quran Chapter 2 Surah
Baqarah verses 229-230:
229 A divorce is only permissible twice: after that the parties should either hold together on equitable
terms or separate with kindness. It is
not lawful for you (men) to take back any of your gifts (from your wives)
except when both parties fear that they would be unable to keep the limits
ordained by Allah. If ye (judges) do
indeed fear that they would be unable to keep the limits ordained by Allah
there is no blame on either of them if she give something for her freedom.
These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by
Allah such persons wrong (themselves as well as others).
230 So if a husband divorces his wife (irrevocably or for the 3rd
time) he cannot after that remarry her until after she has married another
husband and he has divorced her. In that case there is no blame on either of
them if they reunite provided they feel that they can keep the limits ordained
by Allah. Such are the limits ordained
by Allah which He makes plain to those who understand.
If the husband has pronounced divorce upon his wife once
or twice, the husband has a right to revoke the divorce and take his wife
back. If the husband revokes the divorce
(1st or 2nd) before three menstruation periods of the
wife, there is no need for the couple to perform the nikaah again and they may
live as a married couple.
But if the time elapsed between the pronouncement of
divorce and taking the wife back is more than three menstruation periods of the
wife, a brand new nikaah between the couple must be performed between the
couple.
But if the husband pronounces divorce more than twice or
for the third time, then an absolutely irrevocable divorce will be established
between the couple and they can never marry each other again unless and until
the wife happens to marry another person, and that person of his own free will
chooses to divorce her, or he dies.
Thus one should fear Allah and never ever even in jest
pronounce the statement of divorce to
one’s wife; for once a pronouncement of divorce has been declared, neither the
husband, nor the wife, nor any in creation can cancel, delete, annul, or void
this declaration!
Your Question: Out
of anger If one says Talak to his wife and repent to Allah ,does taubah, have
physical relation with wife.
Dear and beloved brother in Islam, if a husband declares
or pronounces a divorce to his wife, there is absolutely nothing in creation
which can cancel, delete, annul, or void that declaration of divorce! Immediately upon the declaration of a divorce
by the husband, one-divorce will be deemed established between the couple.
After saying the first and the second divorce, the husband
has the right to revoke the divorce and take his wife back and live like a
married couple. But if after that a
third divorce is pronounced, that divorce will be considered absolutely
irrevocable and the couple can never marry each other again unless and until
the wife happens to marry another person, and that person of his own free will
chooses to divorce her, or he dies.
Doing ‘taubah’ or sincere repentance wipes out the sins of
a person; but even ‘taubah’ does not wipe out the declaration or pronouncement
of divorce once it leaves the tongue of a husband.
Whatever written of Truth and benefit is only due to
Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only
Source of Strength.
Your brother and
well wisher in Islam,
Burhan