Heavenly Jewels

have given Talaaq and come" then divorce will occur. S imilarly i f he gave one Talaaq but says people that he has given three then the judgement will be that he has given three even if he says, "I had lied". (Bahare-Shariat, FataawaRazvia) Rule- When the Talaaqs reach three, then the women cannot be Halaal for the husband in anywaywithout Halaala. Ifthe husband even besides this, persists in sleeping with the woman then it will be Zina and if he knows this rule, then he is a Zaani (fornicator) worthy of the Sharee punishment for Zina, the offspring will be children ofZina and theywi l l be Mahroom (deprived and excluded) from their father' s inheritance andestate. (Fataawa Razvia) Rule- If a husband gives his wife three Talaaqs or Talaaq-e-Bain but he now rej ects doing so and the wife has no w itness, then in whatever way possible, the woman should try to free herselffromhim e.g forgiving the Mehr, give him some ofherwealth and become separate from him. If i n any case he does not leave her then the woman i s Majboor but she should always be conscious of becoming free from him and she should save sexual intercourse taking place with h im. Only when the woman acts upon this, she is Mazoor and the man is a sinner in any condition . (Durre-Mukhtaar, FataawaRazvia) Rule- After a husband gave his wife three Talaaqs and the ensuing Iddat, people make the Nikah ofthis woman to another according to the rules of Shariah, and this second husband gives her Talaaq without having had sexual intercourse with her, stil l too does she not become Halaal for the first husband because it is necessary that the second husband consummates the nikaah with her, according to the command ofthe Quraan andHadeeth. Rule- Zaid asked Khalid i fhe gave his wife Talaaq to which the latter replied in a gentle and calm tone, "I have given Talaaq" then Talaaq has occurred as this is acknowledgment and agreement. Ifthese very words were said but in a harsh and angry tone expressing amazement or rebuke, then Taiaaqwould not have occurred as this is denial. The words are same but the Hukm changes to either a positive or negative result. 202

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