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Question ID: 23418
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Assalaamu alaikum
I have read an article of 3 talaaq issued in one sitting. I read it on ask imam site of camperdown. I have a few questions which I would really appreciate if you could answer.
1) all the Hadith were 3 talaaq were issued in one sitting and were Rasoolulah saw ruled they were valid, were DECISIVE talaaq ie 3 definite talaaq were given and divorce for 3 was intended. My question is this, if the talaaq was not decisive, is it still valid and why.
2) there is one statement in the article that states something to this effect; that if a man intended one talaaq and uttered talaaq, talaaq, talaaq, then that is between him and Allah, but in this world it will be pronounced as 3.
* why is there a blanket rule even if the intent was only one talaaq?
* are the ulema not painting everyone with the same brush, passing judgement when in fact it is Only for Allah to judge and not us?
* why are families been torn apart in such a calous way simple because the ulema feel that the man is not being honest?
* I understand that ignorance is no excuse in shariah, but if he honestly believed that you had to say talaaq, talaaq, talaaq for one talaaq to take effect, then do we bind a man for making a mistake especially since his intention was to issue only one talaaq?
* have the ulema then failed to teach the people the rules of talaaq, for one sure way to erradicate this problem is to ensure that at the time of nikah it be mandatory for the aalim performing the nikah, that he take the time to teach the new husband the rules of talaaq?
This will surely remove the doubtful aspect of the man then saying he didn’t know about rules.
I know that sometimes that in preventing the ummah from committing sin, fatwas are issued for the greater good.
But I want to know why intent is not given any consideration at all?
Please understand that I am not looking for loopholes etc, I want answers and explainations and I want to understand.
I humbly ask you to answer my question with a little bit of compassion, as sometimes I feel that the ulema tend to be very curt and incompassionate when answering questions, it appears to me that I am at fault and now what do I expect?
The wives and children of these situations are always the losers and often the ones that are hurt the most.
To me, I feel that there is a difference between a man saying a talaaq with intention of one or two or three.
Even the Hadith were men divorced their wives 100x or a 1000x those were decisive. He meant absolutely, he meant finish.
Maybe I am being blinded or my judgement not sound. But I have read and re read the article and the simple fact that there is doubt in it makes me question why.
Why do we condemn a family when the man is telling the truth?
Shudnt each case be handled separately before pronouncing 3 valid talaaq?
Jazakallah for your time.

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Asked on May 30, 2010 12:00 am
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Private answer
1) Talaaq is like a bullet. Once let out is effective.
a) The bullet release does not depend on the intention.
b) Ulema rule on the external, otherwise muder can be justified.
c) as (a)
d) as (a)
e) You are absolutely correct, but who wants to attend such classes?
f) The whole matter will become a circus and fun/mockery.
Law does not have feelings or emotions.
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Answered on May 30, 2010 12:00 am