Validity of Talaaq if the Mahr is not yet paid (2/2)
Question
Assalam-o-Alaikum.
I had Nikah two years back without Rukhsati (Wife did not move to my place and still lives with her parents). I left for Australia 3 days after Nikah but before that I had some intimate moments with my wife (but didn’t had intercourse). I went back to see her in the beginnning of this year for three weeks and I lived at her place for the whole period since I don’t have any home in Pakistan anymore. There again we had number of deep intimate bedroom encounters (but no intercourse this time as well). Then I came back to Australia. Just about a month ago while in an argument on whatsapp text messages I divorced my wife once texting her ‘Main Khuda Ko hazir nazir jankay tmhain talaq daita hn’ (Translation: As God my witness I divorce you). These were my exact words and I only texted this once in a fit of anger. I don’t want to divorce her and All I want to know that by giving that one divorce have I actually divorced her or not. If so then what should I do? (Do I need to redo the Nikah or just say to her that I take you back or some other thing).
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Talaq issued via a text message in a state of anger is valid. In the enquired situation, one revocable divorce (Talaq Raj’ee) occurred. You may revoke the Talaq by saying I take you back as my wife before the ‘Iddah period elapses which is three menstrual cycles. Also make Taubah and Istighfar for your undue emotional outburst and train yourself to contain yourself in the future.
And Allah Ta’āla Knows Best
- Answered by
- Abdullah ibn Mohammed Aijaz (Student Darul Iftaa)
- Checked & approved by
- Mufti Ebrahim Desai
Fatawa SA is an independent, read-only index of fatawa already published by Jamiatul Ulama KZN. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.