Did I Utter One Divorce or Two in This Case?

Answered by Mawlana Ilyas Patel

Question

I told my wife, “We are not together anymore,” and then said “talaq” quietly to myself, intending one divorce. Is this considered one divorce or two?

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.

This will be considered one divorce only. You can revoke the divorce anytime by showing any type of affection, and then you will be married again.

[Maydani, al-Lubab Fi Sharh al-Kitab]

Fiqh of Divorce

There are three types of divorces in the Hanafi School:

• Most Preferred (Ahsan)
• Preferred (Sunna) and
• Unlawful Innovation and Sinful ( Bid‘a)

The Most Preferred (Ahsan) divorce is to make one pronouncement of divorce to the wife in a purity period (tuhr) between menstruations, in which no sexual intercourse with the wife has taken place. She is left until her waiting period (‘idda) ends.

The Acceptable (Sunna) divorce is to pronounce three divorces in three separate periods of purity (tuhr) in which no sexual intercourse with the wife has taken place.

The Unlawful Innovation and Sinful (Bid‘a) divorce consists of either making a pronouncement of divorce during the woman’s menstrual period (hayd) or pronouncing two or three divorces at once or issuing a divorce in a purity period (tuhr) in which sexual intercourse with the wife took place.

Divorce – in Front of Wife or Witnesses or Both

It is not necessary to pronounce the divorce in front of the wife; it can be done in writing and in front of witnesses, which is highly recommended to avoid disputes and prolonged indifference.

[Ibn ‘Abidin, Radd al-Muhtar]

Divorce is a Serious Matter

Divorce is serious and should only be pronounced after advice and consulting with a reliable scholar. Many people say it and find themselves breaking up a family in a terrible situation simply because they didn’t understand, learn, and follow the clear rules and procedures.

Related:

• What Kind of Words or Actions Qualify for Divorce?
• How Can a Woman Get an Islamic Divorce?
• Does a Divorce Need to Be Uttered in Front of Witnesses to Be Valid?
• Can I Marry Someone Who Divorced Me without Consummating the Marriage? (seekersguidance.org)
• Do These Statements Entail a Pronouncement of Divorce? (seekersguidance.org)
• marriage and divorce Archives – SeekersGuidance
• Can I Revoke My Two Divorces Before the End of the Waiting Period (Idda)? – SeekersGuidance
• How Can I Protect Myself from Uttering a Divorce in Anger? – SeekersGuidance
• Does Divorce Come in Effect in Extreme Anger? (seekersguidance.org)
• A Guide to Marriage: SeekersGuidance Reader – SeekersGuidance (answers, articles, and course links)
• Why Marriage Contracts & Agreements Matter Seminar by Shaykh Faraz Rabbani (youtube.com)

Why not begin your search for knowledge by signing up for a course: Quduri’s Mukhtasar: On Marriage and Divorce

I pray this helps with your question.

Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.