Is Triple Talaq Valid If the Wife Didn’t Hear It?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
Is the divorce valid if a husband claims to have uttered talaq three times during a fight, but the wife did not hear it? Also, does saying talaq three times in one sitting count as one or three divorces?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray you are in good faith and health. Thank you for your question. I am sorry to hear about the situation you are facing.
In the Hanafi school, generally, uttering three divorces three times counts as three, even though the wife did not hear it. Also, saying talaq three times in one sitting counts as three divorces. [Ibn ‘Abidin, Radd al-Muhtar]
However, the second and third can be an emphasis utterance. This needs to be clarified and consulted with reliable scholars.
Given the sensitive nature of this marriage case, I recommend that both of you consult with reliable local scholars and discuss the entire situation once more.
I pray to Allah (Most High) that He facilitates ease for you both and destines what is khayr for you, amin.
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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat
Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.