A.ALEYKUM

KINDLY ADVICE , IF A COUPLE HAVE ARGUES AND THE WIFE IN ANGER ASKS FOR TALAK, GIVING HER HUSBAN PEN AND PAPER TO WRITE ON, THEN THE HUSBAND IN ANGER WRITES THAT HE HAS GIVEN HER ALL 3 TALAKS.

IS IT VALID , OR IT PASSES AS ONE TALAK .

PLS ADVICE

SHUKRAN

asked 212 ALHEELAM's gravatar image
edited Apr 26 '12 at 18:58 NesreenA ♦ 199722 NesreenA's gravatar image

Salam,

As for the Talaq whether it is said once or twice or thrice at the same time and it was the first Talaq or the second that Talaq is considered to be one Talaq only and that is because when making the contract of marriage, the contract is pronounced once only and like wise to break the contract it only needs once pronounce and the contract is broken.

As for whether this Talaq has gone through or not it is dependable, I mean how the Talaq has taking place needs to be investigated and the one who gave the Talaq and the one who asked for it both needs to be seen by a scholar who they know at their local Masjid and they need to explain what has taking place and how angry they were because an extreme anger invalidates the Talaq that is been pronounced, therefore should take this case to their local Imam and then should wait for the result.

However in my opinion and Allah knows best the man wrote down the Talaq on his own will because if one is extremely angry and out of anger pronounces the Talaq not realizing what he has just said then in this case that Talaq has not happened but as for this case the man wrote it down out of his own will and knew what he was writing and if he was extremely angry then he would not had able to write it down therefore, these kinds of Talaq is valid. However, on should not based on my argument here and should not accept it until they see their local Imam because there is a doubt whether Talaq is valid or not. Allah knows best.

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answered 3443 caabi's gravatar image

Ibn taimeiah and al qaiem, considered that the three talak who you say once as only one talak. They said that it is a must to be separated talak in separated days.... But calipha Omar considered them as three as in that time people said talak alot like a game so Omar did this to warn them...... But we follow the first opinion, ibn taimeia and al qaiem. And scolars says that it is the best openion. So it considered as one talak. Wa Allah a3lam

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answered 871625 lumisho's gravatar image

the prophet forbade saying it three times because it was very cruel but a man came to him and told him out of anger he said it three times and he said only the one that you truley meant counted so if you meant to only divorce her one then thats what it counts as and the other two were just out of anger and a talak when you say it out of anger doesnt count but some people mean to say it three times so they will never have the chance to marry her again and this is what the prophet disliked because its like telling her i will never consider to have you as my wife again

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answered 199722 NesreenA's gravatar image

asalaam aleykum

If not valid then why he wrote 3 as talaks this knowing 3rd is the last but he ignored to whatever situation he was and Bumb it is 3.

i can give more examples if needed.

thank you

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answered 73237 abjad's gravatar image
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Asked: Apr 17 '12 at 05:37

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Last updated: Apr 18 '12 at 18:02


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