Misunderstanding three Talaqs (divorces) (1/2)
Question
Assalam walekum I want to know if my nikkah is still valid or the divorce has taken place. Ive been married for 15 years and have 2 kids. My wife and i always fight and during those fights i have said i am giving you talaq. I never said talaq 3x in one sitting. So i gave talaq then i did riju and then we got into arguement again next month lets say and i said again that im giving talaq and did riju again after and same thing kept going on and on for 15 years basically. Our arguments made me say divorce words because i was in anger. About 50 times i have done this. Is my nikkah still valid if i never said divorce 3x in one sitting? But said it 1 to 2 times each time we argued. So is the nikkah valid or the divorce has taken place many years ago but we continued to live together? Is she halal for me still. The terms i used for 15 years were mostly that i am giving you talaq in urdu and i will divorce you. Please let me know i would be grateful.
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
In principle, if a husband issues his wife one Talaq with express words of Talaq, for example, I divorce you, then the Talaq is valid. If he takes her back (Ruju) by revoking the Talaq within the Iddat period, the Talaq issued still counts. It is not cancelled. If he does not take her back within the Iddat period, then the Nikah is terminated. Now, the Talaq will become a Talaq-e-Baain (an irrevocable divorce).
In this case, if he wishes to reconcile with his wife, he has to renew his Nikah with her. The Nikah does not terminate only if the husband issues her with three divorces at once as you have misunderstood. [1]
Accordingly, if a man issues his wife two Talaqs and revokes the Talaqs within the Iddat period, then issues her another Talaq many years later, then the third Talaq will be added to the previous two Talaqs and his Nikah with her will be terminated permanently (Talaq-e-Mughallazah). At this point, they cannot live together as husband and wife as there is no Nikah remaining.
In the enquired situation, your wife was issued three Talaqs (Talaq-e-Mughallazah) many years ago. She is no longer in your marriage. Her Iddat has terminated as well.[2] She is at liberty to marry whoever she wishes to marry.
You have spent all these years with her in Zina and sin. Both of you should make sincere Tawbah and cut off the Haram contact you have with each other.
Subject: Re: Answer
Shortened Question: Reply to query 45577 on whether a child is born out of wedlock or not.
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