Issuing talaaq without the intention of divorcing one's wife

Q: I have a serious matter about a Talaq related question.

I am married and have kids.

I did a second nikah last year with a woman who has 4 kids. She has been manipulating and not been honest with me for last 1 year and continuously lies about so many things and on the top of that she has her EX husband living in the same house with her as she keeps saying he lives in a separate room.

I had enough of her lies so I have separated from her and my first wife asked me to divorce her so I have wrote an emal and told her that I'm divorcing her but it was not my intention and my wife pushed the email sent button.

Then my daughter told me to send her divorce otherwise they will not live with me so I wrote an email and send to the wrong email address because I have no intention to divorce her but my daughter had me corrected the email and send her again.

Couple of days later I called her and I told her I have been forced to give you divorce but this is not my intention and I also told her until I come and give.  I did go back to her and have relationship back with her again.

My wife find out that email divorce is not valid so she has forced me again to call her on the phone and divorce her so I did call her and divorce her 3 times by saying Talaq to her. Later I went back to her because and I told her that until I personally give you divorce I'm not divorcing her.

Now my question is, is my marriage still valid or its divorced. I am very confused. 

A: Since you had verbally issued three talaaqs, all the talaaqs are valid and the nikaah has terminated. Even though you did not intend divorcing her but was forced by your first wife, then too the sharee ruling is that once the talaaqs are verbally issued the talaaqs will take place. Therefore, your second wife is totally haraam for you and there is no way for you to revoke the talaaq and take her back in your nikaah.

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


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)