Issuing three talaaqs after halaalah

Q: My best friend was married 8-9 years ago. She has 2 kids. Apparently she lived a happy life but she was physically and verbally abused by her husband, even financially too as her husband used to take all her earning in the name of saving for the future.

She was divorced 4 times by her husband on different occasions. First time was only one divorce. 2nd time he said 2 divorce which he counted as one only and then the third one. Every time she used to tell her family, he used to blackmail her by saying that he will kill the kids and attempt suicide. Every time she was forced to live as a happy family.

The last time they thought the divorce was done. Again she was badly blackmailed and she was forced to do halala. her husband went to one of his cousins who was already married but used to like and admire my friend as she had given many sacrifices for her family life. He convinced his cousin by sayng that you can continue to be married to her and I will keep it a secret. Spend some days together after marriage and if you feel you can continue then slowly we will tell everyone. I will help and support you as repentance for all my mistakes. And if things might not end well between both of you then willingly you can divorce her and the first husband would remarry her.

My friend was happy when she learned that the second man loves her and they started talking to each other during her iddah as a support. The male loved her a lot and even my friend started loving him deeply. They desperately wanted to continue together but the first issue was that the girl was insecure as she had daughters and was concerned about how her daughters will feel secure with the step father.

The second issue was his first wife was a clever women and she thought how to live with her.

Thirdly, the parents of that man used to treat her as their daughter especially his mother who was sick those days.

They wanted to make a way to continue and some days the first husband stayed well but soon he started becoming jealous and said that he wont let them continue and even will make their life hell or kill the man. Otherwise he will get a paid person for halala and the nikaah will proceed by force. It was total mental torture for both of them.

On the same day when the iddah ended, the first husband fetched a nikaah book and two witnesses. He made the nikaah secretly and both of them were too happy. They booked a hotel and stayed there that night. They wanted to continue and the male asked the women again and again to continue with him and think about it. The women also wanted the same but was afraid of her first husband. As soon as they woke up, the first husband was outside the hotel with kids and poison, while he had also called his younger brother with a pistol outside the hotel.

The male did not want to leave her with this man and wanted to go to the police station and take protection. The woman was under pressure and begged hm to give her divorce as her first husband wanted to kill her kids.

Finally after a lot of arguing, unwillingly, he said, I divorce you, divorce you and divorce you. Like pronounced three time.

My friend came back home but is in a very ill situation . The first husband started taking care of her, and he is being loving and respecting and keeps on repenting, but she still cries for her 2nd husband whom she loved deeply. The first husband is taking great care and is waiting for the iddah to complete so he can marry her again.

In these circumstances, does talaq take place? Is it considered one talaq or three talaqs? Can both of them make rujoo in the period of three menses cycle? Is there any possible way to continue together? 

A: If she completed the iddat of the first nikaah and then married the second husband and consummated the nikaah, thereafter, the second husband issued three divorces, then the three divorces of the second husband are valid and the nikaah has terminated. She is haraam for the second husband and cannot remarry him unless halaalah takes place.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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