Divorce: Various Issues pertaining to scenarios and conditions of Divorce
Assalam O Alaikum
Please provide information on following queries , the situation is relevant to me
1. If husband takes oath that he is not going to do a particular sin and if does so his wife will be divorced ( makes condition to divorce so that sin could be avoided) later on situation so arises that he is unable to avoid that sin but before doing that he takes back the condition of divorce , thinking that since he imposed the divorce on him and therefore can take back the condition also before happening of that condition . Does divorce take place , because few Mufties say that it takes place . Here my view is that why it should take place since the person took back the condition of divorce before happening of that sin and most importantly the person thought that he could take back. Thanks
2. Is divorce valid in menses?
3. If God forbid all three divorces takes place (if both above are valid and one more was issued in other circumstances) and still both partners want to unite(have three kids)what is the option available.
According to the book of Allah, there is only way a divorce must get binding in a manner that the couple cannot get remarried unless the wife genuinely gets married to another husband and he divorces her: If the husband pronounces Talaq before his wife in such a clean period of hers when he hasn’t had physical relations with her and reconciles with her before the termination of her third menses. If such a process happens twice, then the Talaq pronounced a third time would mean that the couple cannot reunite and the wife will have to depart from husbands home at the termination of her third menses. In the case of the first two pronouncements, if the husband and wife don’t reunite within the stipulated time, the wife would depart and she can marry some other person as well her ex-husband. However, after the third Talaq, the possibility of remarriage is not there anymore.
If a person gives Talaq during his wife’s menses, it should not be accepted as a proper Talaq. If a husband says Talaq three times in one sitting and later says on oath that he didn’t mean it, it should be considered as just one Talaq.
If a person makes a statement that if he commits a certain sin, it would automatically mean that his wife has been divorced, he should be punished for making such an irresponsible statement. However, such a statement has nothing to do with Talaq, unless the person himself later reconfirms that he is giving talaq to his wife. The vow he has made can be undone by giving ten poor people food as expiation (kaffara).
No opinion of an individual Mufti or a group of them is binding on an individual unless the individual is convinced that the statement of the Mufti is according to Islam. If the individual is convinced that what one scholar is saying is supported by arguments superior to what another is saying, he is bound to follow the one whose arguments are making more sense.
And Allah knows the best.