Seadet-i Ebediyye - Endless Bliss Sixth Fascicle

eligious Imâms said that a triple talâq would take place (as a
result of that statement). The hadîth-i-sherîfs stating that a triple
talâq, (i.e. three talâqs,) will take place (when that statement is
made) is quoted in the book entitled Fat-h-ul-qadîr. When Hadrat
’Umar said that three talâqs would take place none of the Sahâba
objected, which in turn shows that they had learned about the
hadîth-i-sherîf abrogating the practice of effecting a single talâq
(by expressing a triple talâq) or that they knew that that practice
was the rule at that time. Therefore, those who say that a single
talâq will take place should not be taken seriously. For, this matter
has not been that of ijtihâd. There has been khilâf (contravention),
and not ikhtilâf (contradiction).
A divorce that is below a triple talâq and is not a talâq-i-bâin,
either, is called talâq-i-rij’î. If the man uses the word ‘vehement’ or
the word ‘bâin’ as he divorces his wife or if he divorces her in
return for property, the divorce will be a talâq-i-bâin. A talâq-i-rij’î
will develop into a talâq-i-bâin when the period of ’iddat is over.
That is, the nikâh will become null and void. The man may marry
the same woman after the ’iddat. Whether rij’î or bâin, if a woman
has been divorced three times, (i.e. with a triple talâq,) and if her
period of ’iddat is over, it will not be permissible to remarry her
without a hulla. It will be permissible to remarry her after the
hulla. It is an act that is makrûh tahrîmî for another person to
marry a divorced woman for the purpose of (an interim marriage
termed) hulla.
If a woman has been married by paying a mahr that is below
the mahr-i-mithl, [1] her walî may separate her by applying to the
court of law. If a person divorces his wife before the wedding or
the halwat, or if he himself becomes a murtadd or kisses (with lust)
the mother or the daughter of his wife a (forced separation
termed) ‘firqat’ will take place, in which case he will have to pay
half of the mahr to the woman. In (forced separations caused by
the wife, such as her becoming a murtadd or lustfully kissing her
stepson, the entire mahr will fall. If the husband has given it, he
will take it all back.
I’lâ — A man’s vowing not to have connection with his wife for
four months or more or his saying to her, “I shall not have
connection with you,” without stating a definite length of time. If
no waty takes place within four months, they will be divorced with
[1] Please scan the twelfth chapter of the fifth fascicle of Endless Bliss for
the ‘mahr-i-mithl’.
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