Question:

Assalam o Alaikum,
 
I have been married for last 28 years, two women from different countries ...One is that of my parents choice (2nd wife through childhood engagement with 3 children) and other one is my choice(1st wife with 6 children) since 1993.
 
1st wife openly offered me to send her home, or let her work outside and only then keep the 2nd wife.
 
Due to this reason, as I love my 1st wife, I have completely convinced my 1st wife that I have no relationship with the 2nd one at all. But I kept hidden relationships with the 2nd family till now.
 
In 1996, she accepted my 2nd wife and my family also accepted my 1st wife at the same time in Pakistan when I visited there with 1st wife and a baby.
There was no problem for a few years both sides except this until I started cheating my 1st wife, lying and even presenting the divorce paper to show her that 2nd wife is already out of my life.
 
I brought my 2nd wife to KSA, I planned my daily visits without the knowledge of my 1st wife. i didn't spend even a single complete night with 2nd wife due to hidden things.
 
I got three children with 2nd wife. Until my 1st wife got to know through daily dreams.
 
We were fighting Arguing , we hit each other physically as well.
 
Then she agreed to live with me and She (1st wife) told me Because you cheated me for long long years now you choose between us?
 
If you choose her send me to my home country right now?
 
Because of her words I told her I can't make justice between you both so I choose only you as only one wife and it is very difficult to make justice.
 
I went office and composed a Talaq letter for 2nd wife with signatures. Then in front of my wife I mailed it together.
 
And told 2nd wife receive it and don't care about it and she burnt that as it was.
 
Then I also sent mobile message as well about the same.
 
Then several times I uttered the words TALAQ for 2nd wife on different occasion in front of my 1st wife just to show her.
 
In order to let her believe even I hold Quran many many occasions that above is true that my 2nd wife is out of our life.
 
Then my 1st wife told me to send a SMS to my Father and elder brother if you're truly mean it.
 
Then I sent the message also.
 
All was done to convince 1st wife that 2nd was out of life TALAQ to have a peaceful home here with her.
 
But I kept 2nd one  as a hidden wife from my 1st wife till now with all rights as a legal wife.
 
My question is whether 2nd wife is lawful to me or not?
 
As the 1st wife told me that she would surely be witness in the day of Judgment that 2nd is already Talaqed. She saw all the actions in front of her whenever I uttered words and holding Quran.
 
Kindly help us as she is agree now to live peacefully upon your reply as per shariah?
 
Thank you very much in advance and I would correct my life as per your advice.

Answer:

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the Name of Allah, the Most Gracious, the Most Merciful.

Wa alaikumussalam wa rahmatullahi wa barakatuhi

 

Dear brother,

 

A hadith in Abu Dawud, Tirmidhi and other books states that the Prophet (sallallahu Alaihi wa sallam) said that three things are such that engaging in them seriously is taken seriously and engaging in them jokingly is also taken seriously: talaq, nikah and raj'ah.

 

The renowned Hanafi jurist, Ibn Nujaym states: 

ولم يشترط أن يكون جادا فيقع طلاق الهازل به، واللاعب للحديث المعروف «ثلاث جدهن جد وهزلهن جد النكاح، والطلاق، والعتاق»

[البحر الرائق شرح كنز الدقائق 3/ 244]

“It is not a requirement that he (the husband issuing talaq) is serious. Therefore, the talaq of one who issues talaq jokingly is also valid as well as the talaq of one who issues it playfully. This is due to the famous hadith: Three things are such that engaging in them seriously is taken seriously and engaging in them jokingly is also taken seriously: nikah, talaq and freeing a slave.”

Also, for the talaq to be valid, it is not a requirement that the wife whom the husband wants to give talaq to be present when he utters words of talaq.

Talaq will be valid if the husband utters or writes down statement of talaq directing them to his wife, whether she is present at the time or not.

Therefore, based on the above, when you uttered, wrote down on paper and sent SMS statements of talaq directed towards your second wife then those talaqs were valid. If the total number of times you did these actions is three or more then three talaqs took place.

And Allah Ta'ala knows best.

Mufti Faizal Riza
24/11/2021

Darul Ifta Australia
 www.fatwa.org.au

 

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