আমাকে নিয়ে সমস্যা হলে । অধিকার বিষয় ও তালাক সংক্রান্ত

Answer (based on the Qur’an, authentic Sunnah, and the rulings of the major Salafi scholars: Ibn Taymiyyah, Ibn al-Qayyim, Ibn Bāz, al-Albānī, Ibn ‘Uthaymīn, and al-Fawzān):

1. First Situation: “I will divorce you” and “Will you divorce me?”

• Statement: During an argument, the husband said, “I will divorce you” (future tense) and then asked, “Will you divorce me?”
• Ruling:
  – Saying “I will divorce you” is a promise or a threat, not an actual divorce. According to the majority of scholars, including Shaykh al-Islām Ibn Taymiyyah and Shaykh Ibn ‘Uthaymīn, a divorce is only effective when uttered in the past or present tense (e.g., “I divorce you”) or with a clear intention to divorce immediately. The future tense does not effect a divorce unless the husband intended it as an immediate divorce – and mere anger does not change this.
  – Asking “Will you divorce me?” is meaningless because the wife has no right to divorce – the right of divorce belongs solely to the husband (Qur’an 2:229). Such a question does not constitute a divorce from the husband.
• Conclusion: No divorce occurred from this conversation. The wife does not acquire any right to divorce herself.

Evidence:

• Ibn al-Qayyim said: “The wording of the future tense (sa-ufāriquki, sa-utalliquki) does not count as a divorce unless it is accompanied by an intention to divorce at that moment.” (Zād al-Ma‘ād)
• The Prophet (ﷺ) said: “The divorce is for the one who takes the wife’s leg (i.e., the husband).” (Reported by al-Bayhaqī, authentic)

2. Second Situation: “Take a divorce letter now” and then “One talaq”

• Statement: The husband said on the phone: “If you have a problem with me, then take a divorce letter right now.” A few moments later, while angry, he said clearly: “One talaq.”
• Ruling:
  – The first statement “Take a divorce letter” is not a pronouncement of talaq – it is an instruction to the wife to obtain a divorce document, but the wife cannot divorce herself. Hence this statement does not count as a divorce.
  – The second statement “One talaq” is a clear, direct declaration of divorce. Even if spoken in anger, it is valid as long as the husband was not completely insane or unconscious. Ibn Taymiyyah and Ibn Hazm held that anger does not invalidate talaq unless it reaches the level of loss of control (like intoxication). Normal anger does not nullify the divorce.
• Conclusion: Only one divorce (talaq) has taken place from this incident. No additional divorce occurred from the earlier words.

Evidence:

• The Prophet (ﷺ) said: “The divorce that is valid is the one that is pronounced by the husband who is sane and aware of what he says.” (Abū Dāwūd, authentic)
• Shaykh Ibn Bāz said: “If a man says ‘I divorce you’ while angry, the divorce counts, because anger is not an excuse unless it reaches the point where he does not know what he is saying.” (Majmū‘ al-Fatāwā)

3. Wife’s ‘Iddah (Waiting Period)

• If the marriage was consummated (they had sexual relations or were alone in private): The wife must observe an ‘iddah of three menstrual periods (qurū’) – complete cycles of purity and menstruation – as stated in Qur’an 2:228.
  – If she does not menstruate (e.g., due to age or illness), the ‘iddah is three months (Qur’an 65:4).
  – During this ‘iddah, the husband can take her back without a new marriage, because this is the first divorce (talaq raj‘ī).
• If the marriage was not consummated and the couple had not been alone together: No ‘iddah is required (Qur’an 33:49). She may remarry immediately.

For Ahle Hadith / Salafīs: The ‘iddah is as above, based on the Qur’an and Sunnah.
For the Hanafī madhhab: They also agree on three menstrual cycles for a consummated marriage, and no ‘iddah for a non-consummated one. However, in the case of anger, some Hanafīs might consider a future-tense statement as a possible divorce, but the correct view – and the one we follow – is that of the Salaf, as explained above.

Summary of Answers (Salafī / Ahl-e-Hadīth):

| Incident | Did divorce occur? | How many? | |----------|-------------------|-----------| | “I will divorce you” + “Will you divorce me?” | No | 0 | | “Take a divorce letter now” | No | 0 | | Saying “One talaq” | Yes | 1 (one) |

• Wife’s ‘iddah: 3 menstrual periods (if consummated) or 3 months (if no menses). If not consummated, no ‘iddah.
• The husband may take her back during the ‘iddah without a new marriage contract.

Important: If this was the third divorce (and it had been preceded by two previous divorces), then it would be irrevocable and the wife becomes unlawful to him until she marries another man. Since the question does not mention previous divorces, we assume it is the first or second.

May Allah grant you understanding of the Dīn and ease in your situation.

And Allah knows best.