Divorce

Question-AnswersDivorce
Asad asked 2 years ago

I am a married muslim female & due to some qurreles & fights etc. i went back to my own parents home & lived there for 6 or 7 months (without husband).
Meanwhile, my husband called my father & he used “i divorsed her” (words) three times on telephone at once…. keep in mind these “talaaq” word he never said to me (wife).
Will this marriage valid?
He said to my father not me (wife) directly.

1 Answers
Syed Hamad khalid answered 2 years ago

If the husband says to someone else, “Tell my wife that she is divorced,” then divorce takes place as soon as he says that. It says in al-Mabsoot by as-Sarkhasi (6/141): If he says to someone else, “Tell my wife that she is divorced,” then she is divorced whether he tells her about that or not. 
In al-Muheet al-Burhaani fi’l-Fiqh an-Nu‘maani (3/210) it says: If he says to another man, “Tell my wife she is divorced,” then she is divorced as soon as he says that, whether the other man tells her or not.
In al-Mudawwanah (2/78) it says: What do you think if a man says to another man, “Tell my wife she is divorced”; when does the divorce take place? Is it on the day he tells her or on the day he told him to tell her? He said: According to the view of Maalik, the divorce takes place on the day he told him to tell her. I said: What if he does not tell her? He said: The divorce still counts as such according to the view of Maalik, even if he did not tell her, because Maalik said, concerning a man who sent an envoy to his wife to tell her that he had divorced her, but the envoy withheld that news: It does not matter; the divorce is still binding.

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