He divorced his 60 years old wife during his anger
16-8-2009 | IslamWeb
Question:
Assalam alikum Dear Mufti Sahab.. i have one question regarding talaq.. a old man because of his family problems (in anger) said infront of his sister..there is no relation between me and your bhabi.after few hours his wife offered him dinner. He said to his wife i don't want dinner I GAVE YOU TALAQ.. after this he left his house and went to his relatives.. he stayed their around a week.during this time his relatives asked him about his wife. He said the reason he has given TALAQ to his wife... (he utter the word TALAQ to his wife only once but one time infront of sister and i don't know exactly with the relatives how many times) after this case his wife left his house and she is living with her father.so mufti sahab i would like to ask you reagarding this .. is this talaq is valid ? or there is any way to back (coz husbad is 75yrs and wife is more than 60 yrs)..? The Old man now feels guilty coz of ALLAH's (swt) gazab on him.Continiously he is getting LOOSE MOTIONS.nobody is their to take care him. Please let me know at your earliest. jazak allah khair..
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
The husband's statement, "There is no relation between me and my wife" is an allusive statement which does not lead to divorce except with the intention of divorce. The same applies to his saying to his wife, "I gave you divorce": if he intended thereby to confirm the first divorce, both would be counted as one divorce; and if he intended thereby to make a new divorce, and the wife is still in her ‘Iddah (waiting period) of the first one, then a second divorce takes place, for if the woman is still in her ‘Iddah of a revocable divorce, she is regarded as a wife which means that divorcing her (once again) becomes effective. For further information, see Fataawa 89850 and 90416.
As regards his telling his relatives about the reason why he had divorced his wife, then this does not lead to divorce. However, if this husband is regarded to have divorced his wife once or twice, it is permissible for him to take her back without a new contract so long as she is still in her ‘Iddah. But if the ‘Iddah is over, then, it would be impermissible for him to take her back without a new contract.
Finally, the two following points should be noted:
First: the divorce of the angry person has three cases, and we have previously clarified that in detail in Fatwa 121374.
Second: the revocably divorced woman has to spend her ‘Iddah in her husband's house, and no one has the right to turn her out of it, and it is impermissible for her to leave it, due to the Saying of Allaah The Almighty (which means): {Do not turn them out of their [husbands'] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality.}[Quran 65:1]