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He Said To Her “I Give Talaaq Talaaq Talaaq” As A Joke Or Wanting To Know The Words Of Talaaq???

Nigeria Student Forum / Books/Literature/Writing / Muslim's Forum / He Said To Her “I Give Talaaq Talaaq Talaaq” As A Joke Or Wanting To Know The Words Of Talaaq??? (26) Views

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Rufai Oladimeji
Lagos State University
English
100Level, Nigeria.
Question

My husband and I are newly
married for about three weeks and
so very happy with no complaints
what so ever. Last week he and I
went out for dinner and during that
time we were speaking of how much
we love each other and would never
ever want to leave each other. He
said "please don't ever leave me"
I said "I could never even imagine
leaving you. It's too hard for me.
If anything you could leave easily
by just saying three words". He
took this as me asking if he knew
which words I was speaking of. And
so he said "oh I give talak talak
talak" as a casual reply. We
continued in conversation and
dinner as normal. Later that night I
said to him I wonder if some people
would think our nikah is completely
broken. So I did some research. We
were both completely ignorant
about the ruling of uttering those
words even in joke would count.
Also we both were completely
ignorant of correct talak in Islam.
Growing up we saw actors on tv just
scream talak three times and so we
believed that was how it was done.
We did not know the correct way of
waiting periods nor did we know you
are not to utter those words. Also
while researching I read that many
scholars believe that in Islam saying
talak three, four or hundred times
in one sitting only counts as one
because he has to take his wife
back before giving the second talak.
Also I read that people who don't
know that some thing is a sin or
don't know of an Islamic ruling are
not bound by them until they
become aware. Please help!

Answer

Praise be to Allah.
Firstly:
With regard to talaaq (divorce), it is
the same whether the words are
uttered in earnest or in jest,
because of the report narrated by
Abu Hurayrah (may Allah be pleased
with him) who said: The Messenger
of Allah (blessings and peace of
Allah be upon him) said: “There are
three matters in which seriousness
is serious and joking is serious:
marriage, divorce and taking back
(one’s wife).” Narrated by Abu
Daawood (2194), at-Tirmidhi (1184),
and Ibn Maajah (2039). The scholars
differed as to whether this report is
saheeh or da‘eef; it was classed as
hasan by al-Albaani in Irwaa’ al-
Ghaleel (1826).
Shaykh al-Islam Ibn Taymiyah (may
Allah have mercy on him) said: With
regard to a divorce issued in jest, it
counts as such according to the
majority of scholars. Similarly, a
nikaah (marriage contract) done in
jest is also valid, on the basis of a
marfoo‘ hadith. This is what is
narrated from the Sahaabah and
Taabi‘een, and it is the view of the
majority.
End quote from al-Fataawa al-
Fiqhiyyah al-Kubra (6/63)
If your husband addressed the
words of talaaq to you in jest, and
said to you “I give talaaq talaaq
talaaq”, this is regarded as a talaaq
issued in jest, and it counts as one
talaaq.
If he did not mean to say that to
you, and he was only narrating the
words by means of which divorce
(talaaq) takes place, or he wanted
to mention them but he did not
mean to direct them at you,
whether in earnest or as a joke,
then this is narrating the words of
divorce, and it does not mean
anything.
The same applies if a teacher or
student says that one of the forms
of divorce is for a person to say
“Anti taaliq taaliq taaliq (you are
divorced, divorced, divorced)”, not
meaning to say that to his wife, but
to narrate something that he has
learned, or to call to mind
something that he has learned.
Or if the husband goes to a shaykh
and says: “I said to my wife, Anti
taaliq (you are divorced).” This
relating of an event does not count
as a new divorce (talaaq).
Shaykh Zakariyya al-Ansaari (may
Allah have mercy on him) said: The
third condition (of talaaq) is the
intention of divorce; it is stipulated
that the words uttered be meant as
such, i.e., to end the marriage,
because what matters is intending
to say the word and meaning it.
The idea of meaning it is important,
so as to exclude relating the story
of someone else’s divorce,
explanations given by a faqeeh, and
calling someone whose name
happens to be Taaliq.
End quote from Asnaa al-Mataalib
(3/280).
What is meant by calling someone
whose name happens to be Taaliq is:
calling a woman whose name is
Taaliq by saying “O Taaliq!” and the
like.

Secondly:
If the divorce does count as such,
based on the details explained
above, then it only counts as one
talaaq.
That is because the view that is
most likely to be correct is that the
threefold talaaq – whether it
involved saying the word once, as in
the phrase “Anti taaliq thalaathan
(You are divorced thrice)” or it
involved saying it more than once,
as in the phrase “Anti taaliq taaliq
taaliq (you are divorced, divorced,
divorced)” – only counts as one. The
same applies if it happened on
different occasions, but there was
no taking her back or new marriage
contract in between. It only counts
as one talaaq, and a second or third
talaaq cannot count unless it comes
after taking the wife back or doing
a new marriage contract.
Shaykh Ibn ‘Uthaymeen (may Allah
have mercy on him) said: The view
that is most likely to be correct
concerning all these issues is that
there is no such things as a
threefold divorce, unless there is
the taking back of the wife or a new
marriage contract in between.
Otherwise, the threefold divorce
does not count as three. This is the
view favoured by Shaykh al-Islam
Ibn Taymiyah (may Allah have
mercy on him), and it is the correct
view. End quote from ash-Sharh al-
Mumti‘ (13/94).
What Muslims, both men and
women, must do is learn the rulings
of their religion that they need to
know, such as learning the rulings
on marriage for anyone who wants
to get married; that also includes
what counts as divorce (talaaq)
which brings the marriage contract
to an end.
And Allah knows best.

islamqa.info/en/answers/283409/he-said-to-her-i-give-talaaq-talaaq-talaaq-as-a-joke-or-wanting-to-know-the-words-of-talaaq

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