Issuing one Talaaq-e-baain after another talaaq-e-baain

· 20 Safar 1435 AH1 min readEnglish
TalaaqThose situations where Talaaq takes place

Question

Following up an irrevocable (ba'in) divorce with another irrevocable (ba'in) divorce (al-ba'in la yalhaq al-ba'in):

For example the husband says to his wife: "I am leaving you, I am leaving you" (intending divorce with both statements) or he said: "I divorce you irrevocably, I divorce you irrevocably". In this case, only the first divorce will count and the second will be considered futile. Regardless of how many irrevocable divorces a man pronounces, only the first divorce is effected. The reason being is that the first divorce is irrevocable; hence, the marriage bond between the husband and wife has ended. As such, the second irrevocable divorce will not be able to attach itself on a relationship that has already come to an end. (Culled from Ibn Abidin's Radd al-Muhtar, 3/306-309)

Does this mean that if a husband utters an irrevocable divorce and the wife is still in her idda, then the second irrevocable divorce will still not count due to the nature of divorce? However, if a husband utters a revocable divorce after an irrevocable divorce, it will take into effect during the idda?

Answer

Both can take place.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
Ask Mufti Online

Fatawa SA is an independent, read-only index of fatawa already published by Mufti Online — Madrasah Ta'leemuddeen. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.