Doubts about a Major Irrevocable Divorce
29-4-2025 | IslamWeb
Question:
Assalam alaikom, I have said (enty taleq) phrase to my wife at least 7 times over the span of four years, two of them I said the phrase (taleq, taleq, taleq) at once. I knew what i was saying despite that i was mad (I think usually people dont do talaq when their happy ). At the time, I couldnt ask for her to leave my house and i had no where to go. So we stayed together and now its been three years since that last happened. I need to just be sure that she is divorced now or can it be fixed.
Answer:
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
We advise you to directly consult a qualified scholar or reach out to a recognized Islamic center. However, as a general benefit, we mention the following:
First: If a husband says to his wife: "You are divorced", this is considered an explicit statement of divorce. It counts as a valid divorce whether he intended it or not.
Second: If the husband says: “Divorced, divorced, divorced,” and he did not intend to issue three separate divorces, only one divorce takes effect.
Third: Divorce issued in a state of anger is valid unless the person was so overwhelmed with anger to the extent that he was not conscious of what he was saying. Some scholars believe that divorce issued in a state of anger can fall into different categories, and as a result, the ruling will differ because of these different categories. For details, please refer to Fatwa 121374.
Fourth: If a man divorces his wife three times, she becomes irrevocably divorced from him with a major separation. Consequently, she is not lawful for him again unless she marries another man in a valid marriage (and he consummates the marriage with her) and then they become separated either by divorce or by the death of the second husband.
Fifth: A woman who becomes irrevocably divorced, whether by the end of her waiting period or by three complete divorces, is considered a non-Mahram (a strange woman) to her former husband. Therefore, it is not permissible for them to live together unless each resides in a completely separate part of the home with independent facilities.
We also highlight two important points:
First: A Muslim should take the initiative to seek knowledge of legal rulings on matters of concern, as Allah says: {And We Sent not before you except men to whom We revealed [Our message] so ask the people of the message [i.e. former scriptures] if you do not know.} [Quran 16:43]
Second: One should exercise patience during marital problems, strive to resolve issues with wisdom, and avoid using divorce as a first solution whenever possible.
Finally, we emphasize the importance of speaking directly with scholars when dealing with such matters.
Allah knows best.