Sharʿi Ruling on Three Divorces Given in Anger and the Method of Rajʿūʿ
Source: Aḥkām wa Masā’il, Ṭalāq ke Masā’il, Vol. 1, p. 345
Background of the Question
A blind man, approximately 45 years old, accused his wife of adultery and, in a state of anger, issued three divorces at once by saying: “Tujhe ṭalāq, ṭalāq, ṭalāq.” Afterward, he did not pronounce any further divorce and believed that all three divorces had taken effect. Three months have now passed since this incident. He now seeks clarification on the following:
① If divorce is given in anger, does a bā’in (irrevocable) divorce occur?
② What will be the ruling if the accusation of adultery is true?
③ What will be the ruling if the accusation is false?
④ Do the three divorces given simultaneously all take effect?
⑤ What is the ruling after three months have passed?
⑥ If a bā’in divorce has occurred, how can they reunite?
⑦ If a bā’in divorce has not occurred, what will be the method of rajʿūʿ?
⑧ After rajʿūʿ, is the walīmah ceremony necessary?
✿ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā baʿd!
In this specific case, one rajʿi divorce has taken effect. The detailed rulings are as follows:
1. Divorce in a State of Anger
◈ If the husband issued divorce in anger, the divorce still takes place, provided he was conscious and aware of his words.
2. If the Accusation of Adultery is True
◈ Even if the accusation is correct, the divorce takes effect. This does not alter the ruling, as divorce depends upon the husband’s intention and wording, not upon the wife’s state.
3. If the Accusation of Adultery is False
◈ If the accusation is false, the divorce still takes place, since the husband pronounced the words of divorce, and pronouncement itself results in divorce.
4. Ruling on Three Divorces Given at Once
In Ṣaḥīḥ Muslim, it is narrated from ʿAbdullāh ibn ʿAbbās رضي الله عنهما:
During the time of the Messenger of Allah ﷺ, the era of Abū Bakr رضي الله عنه, and the first two years of ʿUmar ibn al-Khaṭṭāb رضي الله عنه, three divorces issued at once were counted as one divorce.
➝ Therefore, three divorces pronounced together will be regarded as one divorce.
5. Ruling After Three Months Have Passed
◈ If the ʿiddah of three months has passed without rajʿūʿ, then the rajʿi divorce automatically becomes bā’in.
◈ In this case, reunion is possible only through a new nikāḥ.
6. Reuniting After a Bā’in Divorce
◈ Since the divorce has become bā’in, the only way to reunite is by performing a new nikāḥ. If both husband and wife consent, Sharīʿah allows them to remarry.
Qur’ān:
﴿وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَٰلِكَ إِنۡ أَرَادُوٓاْ إِصۡلَٰحٗاۚ﴾
(Al-Baqarah: 228)
7. Method of Rajʿūʿ if Bā’in Divorce Has Not Occurred
◈ If rajʿūʿ is done within the ʿiddah, then it is valid without a new nikāḥ.
◈ If the ʿiddah has passed, then rajʿūʿ is only possible through a new nikāḥ.
Qur’ān:
﴿وَإِذَا طَلَّقۡتُمُ ٱلنِّسَآءَ فَبَلَغۡنَ أَجَلَهُنَّ فَلَا تَعۡضُلُوهُنَّ أَن يَنكِحۡنَ أَزۡوَٰجَهُنَّ إِذَا تَرَٰضَوۡاْ بَيۡنَهُم بِٱلۡمَعۡرُوفِۗ﴾
(Al-Baqarah: 232)
8. Walīmah After Rajʿūʿ
◈ If rajʿūʿ takes place within the ʿiddah, renewal of nikāḥ is not required, hence walīmah is not necessary.
◈ But if a new nikāḥ is performed after the expiry of ʿiddah, then walīmah is Sunnah.
ھذا ما عندي والله أعلم بالصواب
