Tuesday 9 Ramadan 1445 - 19 March 2024
English

She insisted on asking him for a divorce so he divorced her without really intending it

Question

I have pronounced DEVORCE for FIVE times un-intentionally, to get rid of that situation created by my wife & under the huge pressure and continuous insisting of her. I dont want to give her Devorce, but it is just because of her continuous demand and creating un-avoidable situation for me to do that.Please advise.

Answer

Praise be to Allah.

Firstly: 

If the husband clearly uuters the word of divorce (talaaq), then it counts as a talaaq, whether he intended it or not, because in the case of a clear utterance of divorce it is not stipulated that there should be the intention, unless he was forced to do it or he said it in a state of extreme anger, in which case his divorce does not count as such. 

Please see the answer to question no. 97641 and 99645

The wife’s persistence in asking for a divorce does not count as being forced. If the husband wanted to put a stop to her persistence and uttered the word of divorce without intending it as such, it still counts as a divorce. 

Secondly: 

If a man has divorced his wife three or four or five times, with words such as “you are divorced (anti taaliq) three times” or “five times,” or he repeated the word and said “You are divorced, divorced, divorced (anti taaliq, taaliq, taaliq)”, it counts as one divorce according to the more correct view. See the answer to question no. 96194 

And Allah knows best.

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Source: Islam Q&A