Divorce Talaq
The Talaq of One Intoxicated
Question:
If the husband gives talaq in the state of alcohol addiction is that talaq valid?
Country: India
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
We understand that what is intended in the question to be that a husband issues a talaq while he is intoxicated from drinking alcohol. If he issues a talaq in this state, the talaq has happened. (Nihayat al-Muhtaj v. 6, p. 424)
And Allah knows best.
Shafiifiqh.com Fatwa Dept.
Read MoreParents ordering a child to divorce
Question:
As Salaamu Alaykum. I am facing a situation where my dad is telling me to divorce my wife because she is my cousin. Now some of my relatives are saying I must obey him based on the hadith where Ibn Umar radiyallahu anhu was married to a woman and his father Umar ibn Khattab told him to divorce her. When they came to the Prophet, he said obey your father and divorce her. Do I have to divorce my wife if my father orders me?
County: United States
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
The hadith which you have cited is related by Imams Abu Dawud v. 4, p. 449, Tirmidhi v. 4, p. 65, Ahmad b. 10, p. 17, Ibn Hibban v. 2, p. 170 and others on the authority of Ibn ‘Umar who was married to a woman he loved, while his father disliked her. His father, ‘Umar commanded his son to divorce that woman. Ibn ‘Umar refused. Then, ‘Umar mentioned this to the Prophet (SallAllahu alayhie wa sallam) who said, “O Abd Allah! Divorce her.”
Question on Three-Fold Divorce
Question:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
My husband said that he divorced me 3 times while angry in one sitting and I was menstruating. Is our marriage valid. He intended to give me a 3-fold divorce. He said he divorced me 3 times.
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
A three-fold divorce in one pronouncement counts as a three-fold divorce. (Sharh Sahih Muslim v. 10, p. 1796-99; Tuhfat al-Muhtaj v. 8, p. 83)
Even though it is unlawful to divorce a menstruating woman, it counts. (Sharh Sahih Muslim v. 10, p. 1792)
A divorce is valid when given while angry. (Tuhfat al-Muhtaj v. 8, p. 32) If the husband was angry until he was no longer duty-bound, then the pronouncements were not effectuated. If he claims such, then it is upon him to bring forth proof that establishes that he was in such a state; along the line of an insanity plea. If he fails to bring proof, then the are divorce is effectuated. Sh. Ahdal, in ‘Umdat al-Mufti wa al-Mustafti, cited Hubayshi who voiced this ruling.
After a three-fold divorce, cohabitation as husband and wife, and enjoying any spousal rights, is no longer lawful between them. They must separate, and may only remarry after she marries another man, that marriage is consummated, then that marriage is terminated, and her waiting period expires.
Allah knows best.
Shafiifiqh.com Fatwa Dept.
Read MoreAnger in a third irrevocable Divorce
Question:
salaam,
I just want to know the rules of talaq if I have said talaq three times in anger is it still valid? And if I want to reconcile with my wife is there a way I can do that? As much help is really appreciated
Country: USA
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
A divorce is valid when given while angry. (Tuhfat al-Muhtaj 8/32) Consequently, in the case explained above the ruling is that such a couple is irrevocably divorced. If the husband was angry until he was no longer duty-bound, then the pronouncements were not effectuated. If he claims such, then it is upon him to bring forth proof that establishes that he was in such a state; along the line of an insanity plea. If he fails to bring such proof, then they are divorced. Sh. Ahdal, in ‘Umdat al-Mufti wa al-Mustafti, cited Hubayshi who voiced this ruling.
Read MorePaying Zakat al-Fitr for the Divorced Wife
Question:
As salamu alaykum,
In the waiting period, does the ex-husband have to pay his divorced wife’s zakat al-fitr?
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
During the waiting period of a revocable divorce, he must pay it. If irrevocable and she is pregnant, then he must pay it. If irrevocable and she is not pregnant, then he does not have to pay it. (Rawdat al-Talibin 2/295)
And Allah knows best.
Shafiifiqh.com Fatwa Dept.
Read MoreReckoning a Pure Period
Question:
Assalaamu Alaykum Wa Rahmatullaahi Wa Barakaatuh,
I do understand that the a woman’s iddah with a normal menstrual cycle is three pure periods. However, if a woman was given a revocable divorce half way through her pure period, does the other half of her pure period fall away or does she continue halfway through the third pure period?
Country: South Africa
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
A partial pure period (even if only a moment) is considered as a complete pure period. Thus, if a woman’s husband divorced her during the pure period, her waiting period ends after two more intervals between menstruations finishes and a third menstruation begins. (Tuhfat al-Muhtaj v. 8, p. 233)
And Allah knows best.
Shafiifiqh.com Fatwa Dept.
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