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Validity of Talaaq if the Mahr is not yet paid

 

Nasihah (Advice): The seriousness of Marriage and Divorce

 

Sayyiduna Abu Hurairah Radhiyallahu Anhu reported that Rasulullah Sallallahu Alayhi Wasallam said, “There are three matters which, if undertaken seriously or jokingly, are still regarded as serious: Marriage, divorce and taking back one’s wife (after issuing a revocable divorce).” (Abu Dawood)

 

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Question and Answer:

 

  1. If a person has issued his wife three divorces verbally but he has not paid his wife her mahr nor has he written it on paper officially, will the talaaq be valid?

It is not a condition for the validity of a Talaaq that the husband pays mahr to his wife before issuing the Talaaq or to have the verbalised statement of Talaaq put down in writing. If the husband issued the Talaaq verbally to his wife and the husband did not pay his wife mahr or did not put it down in writing, the Talaaq will still remain valid. Yes, it still remains an obligation upon the husband to pay his wife her mahr if he did not do so before issuing the Talaaq.

Question

Assalam-o-Alaikum.

I had Nikah two years back without Rukhsati (Wife did not move to my place and still lives with her parents). I left for Australia 3 days after Nikah but before that I had some intimate moments with my wife (but didn’t had intercourse). I went back to see her in the beginnning of this year for three weeks and I lived at her place for the whole period since I don’t have any home in Pakistan anymore. There again we had number of deep intimate bedroom encounters (but no intercourse this time as well). Then I came back to Australia. Just about a month ago while in an argument on whatsapp text messages I divorced my wife once texting her ‘Main Khuda Ko hazir nazir jankay tmhain talaq daita hn’ (Translation: As God my witness I divorce you). These were my exact words and I only texted this once in a fit of anger. I don’t want to divorce her and All I want to know that by giving that one divorce have I actually divorced her or not. If so then what should I do? (Do I need to redo the Nikah or just say to her that I take you back or some other thing).

 

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

 

Talaq issued via a text message in a state of anger is valid. In the enquired situation, one revocable divorce (Talaq Raj’ee) occurred. You may revoke the Talaq by saying I take you back as my wife before the ‘Iddah period elapses which is three menstrual cycles. Also make Taubah and Istighfar for your undue emotional outburst and train yourself to contain yourself in the future.

 

And Allah Ta’āla Knows Best

Abdullah ibn Mohammed Aijaz

Student Darul Iftaa
Baltimore, USA 

Checked and Approved by,
Mufti Ebrahim Desai.

 

 

(Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh) 

 

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