Title

I was arguing fiercely with my wife on one occasion and under a great deal of stress...

Question

1. I was arguing fiercely with my wife on one occasion and under a great deal of stress and duress and she wouldn’t keep quiet and kept insisting on a divorce after I had hit her for the first time in our nine year marriage.  I was so frustrated with her and I knew she was asking for this out of spite, but I swore to Allah if she didn’t straighten up I would throw the Talaaq statement on her. Anyway she continued and out of idiocy I said to her you are divorced, I regretted it right away took her back right away within the guidelines of Allah’s (SWT) Book and the prophet’s (SAAWS) sunnah.  Then I called her aunt’s husband and explained to him what happened, they came over and I as well as they found out that she was also in the midst of her menstrual cycle and they advised me that the Talaaq does not count because Talaaq must be when she is clean and doead not count when a woman has a menstrual cycle and that Talaaq must also done with a clear mind and not in haste or in anger and that one must be in a proper state of mind just as when they enter nikah (marriage). My questions are: is it true that if I was angry and not in a proper state of mind and the fact that she also had her menstrual cycle that this Talaaq does not count?
2. On a second occasion I was also arguing with her and I was again not in a proper state of mind due to narcotic pain medication for severe migraine headaches, the main issue being that I was not in a lucid state of mind and again I said to here you are divorced, she did not have her menstrual cycle at the time and I had taken her back anyway form the first Talaaq just in case it counted and 4 months had passed since my first Talaaq statement was stated; my question on this Talaaq is does this count and if so do both count and what steps do I need to do if anything to make sure we are halal for each other?

Thank you kindly for your guidance,

Salamuh Ahlakum

Answer

In the name of Allah, Most Gracious, Most Merciful

To give Talaaq when one’s wife is in her menstrual cycle is prohibited in Islam and is a sinful act. However, if one gives Talaaq in this state, then the Talaaq will take place and the rulings of Talaaq will apply to both husband and wife. (Sahih Al Bukhari Vol 2, Chapter of Talaq)

Islam also advices that one should only give Talaaq when he is in a calm and lucid state of mind. However, if one gives Talaaq in anger or a bad state of mind, Talaaq will still be counted and the rulings of Talaaq will apply.

In the situations mentioned in the question, Talaaq will take place in both occasions.

After the second Talaaq, if the period of Iddat (waiting period for the wife i.e. 3 menstrual cycles) hasn’t passed yet, then the husband can take the wife back by saying, “I take you back”. In doing so, the husband and the wife will be Halaal for each other.

On the other hand, if the period of Iddat has passed, the only way to get the wife back is to remarry her.

Al Fataawa Al Hindiyyah Vol 1, pg 383 (Darul Kutub Al Ilmiyyah)
Al Hidaayah Vol 1, pg 387 (Maktabah Shirkah Ilmiyyah)
Fataawah Mahmoodiyah Vol 9, pg 272 (Kutub Khana Mazhari)
Fataawa Darul uloom Deoband Vol 2, pg 593 (Darul Isha`at)


And Allah knows best

Wassalam

Ml. M. Jawed Iqbal,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa