Triple Talaq & Halala Marriages | Mufti Abu Layth

so it's different anyway coming back to to this right halala as it's commonly known in urdu or as they call in arabic the can also mean analysis right so just whoa he's up there if somebody says guys i just want to perform a little with you then you know like whoa or you turn up in the bathrobe and the other person's got all their books open so in arabic can mean analysis okay so just to kind of clarify that now

the thing is well what this means is making something halal allah says in the quran that you know twice and so on and so forth but then allah says that you know you can do this and then you can do this if he divorced her for a final time

then she is uh not halal for him unless a future marriage of hers was to go to ruins okay now this is really interesting because right so what happens now is let me tell you what's happening now tell you the rulings then come back to this and i think we might have to just kind of wrap up with this really because uh right i can see a lot of questions coming but this really demands some attention okay so what's happening right now what's happening is people are giving three talks

so guys are getting angry right so they're like why is the tea cold woman and then they're like oh my god what have i done oh i gave you talk three times right so now what do we do so this is what's actually happening is and i hope it's not happening but it is in some places they're saying well the only way i can get married to you now uh is because allah says if he divorced her for the three times

because the majority of the schools the majority of the methods have all the majority of the methods have believed that three thalaks given in one goal count as three all right so the thing is they count as three thalaks so therefore it's brought you straight up to speed with this final verse saying and if he divorces are after that then she's not halal for him so he's like oh now i'm stuck so they say well allah says unless another marriage of his broke down

so let's engineer this marriage so and according to the hadith as well it has to be a proper marriage so meaning and a proper marriage was very clear that what you get married for most people one of the fundamental things is intimacy sexual intercourse so there must be sexual intercourse okay so so what some people unfortunately have been doing nothing they've been saying okay we can arrange uh a a halal to take place so you bring your wife here

so she comes along we read a quick right kabilto i accept do you accept you except you accept you [Laughter] right and uh so what they do is uh they now go for they say okay shall we now um should we spend some time alone you know get to know each other in this little time that we have so they now go off wherever it is

and as you can imagine nothing that is stuff they have to they have to obviously it's all serious of course um we must now consummate the marriage woman follow after me okay now one must disrobe

so the thing is look so this is so what happens is what you're aware of they go they have sexual intercourse then this new husband he then divorces her and says okay i now pronounce divorce she says oh well thank you thank you patti dev for this all my part-time patti dev now i'm gonna go back to my first party there waiting for me outside so the other husband will probably now be

there or she will now go home and they will now redo a new nikkei and uh obviously they'll have to wait for their the three months or whatever and and then things are just normal except like hell will they be normal [Laughter] i mean how could how could that be normal anyway i mean i i don't know i mean because it's so but anyway so this is what what uh this is what happens with this halal thing so the madhhabs have said three talaq's generally speaking three two

all have had some differences on this by the way that three talaq's are three uh if it's happened and there's been a minority position in all schools of law saying that look no actually the if they were in one context they only count as one but anyway as a result of this ruling this is what's happened and now these women are sleeping with other men obviously then going back to their husband and as you can imagine it's not going to be very and most of these guys you have to remember are going to be incredibly insecure anyway so they're going to be like

so so it's going to are you still thinking about him god but can you imagine the job of that guy though imagine he's a professional like mahal like i'm a professional he's like excuse me i take pride in my work [Laughter] right so it's like it's like excuse me can you can you make an appointment online please because you know i i only do things professionally right so can you imagine what his job must be

like it's like boy had a stressful week at work can you imagine imagine his family don't know what he does she has to come home and go it's been a crazy day at work so the thing is anyway right now the point is and by the way and so some places i remember hearing that some places they say [Laughter] oh they're like oh can it be like this

really like a really weak man can it be like a really weak kind of like uh oh like you know you're looking really skinny and and what can it be like an old old kind of frail man because you know i don't want like some strong guy imagine like a really mindly man comes out like he's like he's like holding a cigar it's like you're right bro [Laughter] boy things would be incredibly awkward after that

so the [Laughter] but the point is so i've actually heard where they've said oh can it be like a you know they've wanted uh like really weak like a weak frail man or like just borderline you know like guys in their late teens or that are still not matured properly they want something like but anyway so what is the ruling on all of this the ruling on this are strangely enough most the methods have actually considered this if engineered to be haram the hanafi mother did say that you see that this is the thing

the hanafi must have had some leeway in saying that well if the husband wasn't in on it so if if if if a friend friend hello friend if a friend did this set this up with the wife the ex-wife just to help that husband get back together with his wife then it's actually a good thing so they actually say this that but they say if he did it without plotting it with the husband so if he did you know if i

you know if i was just feeling friendly you know hey friend are you in need of a friend so i see so i see you've divorced your wife [Music] i see you're quite upset well i want you to know i'm a friend [Laughter] so what i'm going to be doing is uh i'm going to be contacting your wife so the thing is that so in the hanafi method they have this ruling that if the husband did this sorry if the the new husband the friend

husband right did this to to help his friend or help this person without plotting without the husband the first husband being in on it on not engineering it with them then it could actually be a rewardable act reportable i can understand but religiously reportable i'm struggling with okay so so the thing is uh now you'll be surprised to see hamza saying what kind of men would allow a halal but you'll be surprised because this is where religion gets twisted you see because they want

you see they've got kids they're too embarrassed to divorce and they can't live with each other because they've been taught through so much guilt that this is haram three talaks three talags zina you're gonna get this is everything is impure you're gonna be like this you're gonna be like so because they tell them all this talk the scholars do they get petrified and they just think you know what just do it just like just do it so so the thing is okay now now that was the backdrop people

now i'm gonna reevaluate all of this okay so with you now first of all i'm going to say that in line with most the methods that this is this what goes on is i was i was going to say bang out of order it's just utterly out of order right so the thing is this is unacceptable

slick mall hearing all of this says bro why have you got a chain on [Laughter] slick there's a man with his priorities in place he's hearing of all this calamity all these issues because bro why have you got a chain on i like that guy already he knows he's got he's focused right so the thing is anyway now

right coming back to this i believe that this is utterly unacceptable it leads to obviously it leads to not only a ridiculous future for the couple for the intended couple not the halal not the mahal the wife momentary wife but the actual first husband it leads to a ridiculous future for them anyway it's a misery and a humiliation for the woman right but it also ridicules islam right which is utterly unacceptable

so the thing is because when we're speaking on behalf of islam we're speaking on behalf of allah and his messenger and that's something that we don't have we don't have a right to do okay not in this kind of manner so i would say not only would i say that we act upon this minority position which is that in three in any circumst like if if any number of talaqs were given in one gathering that they only constitute one not only would i say that and that was the fatwa given by some ulama might you know there may be

a minority but within all madhhab's so within the maliki mother the recent legendary uh great mufasir and grand mufti three equal one uh that we can take this fatwa for talaq wherever necessary before historically scholars within the maliki method like ibn abdullah muslim spain they all said that right that uh and so so i'm just giving you these opinions here first right the other methods as well ibn makatil

look if there's a custom you can resort to it stuff like this and other methods as well and other people have said this that's the first thing and i'm going to say that no matter what the circumstance no matter what you must i feel we are under obligation to find a kind of reparation a and salvage that nikah if the two if the couple have a strong resolve to salvage their relationship then the scholar is duty-bound in my understanding to find

a way to make it happen and i believe that right that is what allah has ordained upon the people of knowledge so if he gave three talks in one go then you take that fat wife they both want to be together but you can ask them both if they both say no we definitely want to be together because people don't know about the rulings of islam they don't know about the rulings of talaq anymore they don't understand these things so we have to make ease for them if they've given it on separate situations then find a

different dispensation god damn it okay you find a different fatwa if they say i gave it on different things look but one of the times she happened to be on a menstrual cycle then you take that hambali fatwa that says that on a menstrual cycle is invalid and you apply that if they say well no it wasn't even that i did in a different time but i was angry then you take the fatwa of ibrahim and you say well okay then based on that look if the couple have a strong resolve to get back together

you have a duty as a scholar to allow and facilitate that union you this is an obligation upon the people of knowledge so especially when the knowledge of islam is so scarce that people don't have that kind of knowledge of islam they don't have they don't know the akam they don't know these rulings now why am i saying this why am i saying this let's go back to the origin i want to go to the etiology of this problem where did this whole

musiba this calamity stem from let's take an etiological look people okay let's go right back to the origin the origin was that you see in in early islam and in the jailer time people would marry and they would divorce so husband would divorce his wife and he would say oh talaq you know i'll give you talk so fine she's divorced now she would sit and ate that so she would have this waiting period of three menstrual cycles let's say now she would wait her that but before the idda finishes so let's

say she's got it's going to take her let's just say it's going to take three months okay now three menstrual cycles don't mean three months but let's just say that for simplicity purposes now when she's close to the final one finishing he would say oh i've taken you back i've done rujo because a husband can revoke any talaq he issues this is what the shelia teaches so he would take her back so she would now say oh okay now the moment he's taken her back the next day he would say i'll give you the luck again so now she would wait another two three months when she's towards the end of the cycle he'll say you know i've taken you back

and he would go like this for two three years maybe he would have other women other wives but this one he would torture her so she wasn't a free woman she couldn't go and just marry somebody else and she wasn't like a wife with him either so this was unquestionably i mean undoubtedly this was it was oppression and allah condemns this strongly in the quran and he says

that don't they like leave the woman in that suspended state as a woman who is suspended to either marry her or let her go you either live together kind for kindly or you part ways gracefully that's how allah sets the balance so what happened to safeguard the woman to save god the woman allah said okay now if he does it a third time khalas you don't have any more talks to issue

but the question here was you see a husband might just do this he might say no problem because she's vulnerable when i divorce her the third time i'll just say to her hey listen you know what i gotta be carried away sorry i've been thinking about let's just do another nikka and then she'll probably say okay because she's she'll be on the rebound let's say and she'll be vulnerable as well in this scenario now the moment he does the nikkei does the same thing again says ah i divorce you again and now the same thing so how do you

stop this so allah says that to save god the woman he said look if you divorced her the third time it's over and i tell you what she can't even marry you again no she can only marry somebody else but okay in the future should that relationship break down she can come back to you should she choose to and allah uses the verse look at the verse he doesn't say until she is married off

everybody one of the leading uh and legendary ulama of the uk an absolute ocean in the maliki method people if you're not following sheikh mohammed siddiq then do so right uh so there he is on facebook sure right yeah so the thing is now this this thing right so to safeguard the woman a lot is saying you know what she cannot marry him again and the and the verb allah uses is thank you

for her she is the active agent until she marries a husband not she's married off not that somebody marries her to this she marries that she marries a different so this is her choice willfully she her volition she is embarking on a relationship yeah if that broke down right if they you know in islam if the if the two want to get back together and she wants to marry this husband again she can the first one she marries look at this she is the active agent

so this whole thing was done to safeguard the woman because it's kind of it's the end of game now it's like you can't really it kind of kills the game because the husband that was kind of treating her like this toy saying oh you're divorced i'll take you back you're divorced to take you back well she's gone now you can't marry her anyway islam has stopped it she's gone with another person now you're not going to do that anyway and you're not going to have that interest so this is what the these verses of the quran came down for okay this is what they were revealed

over um right this is what they were all about what happened is over time the backlash unfortunately not maybe not as obviously that was immense torture that was happening initially but what happened is the backlash the kind of reactionary result became similarly humiliating for the woman so

you know so so it went from trying to safeguard the woman and it landed in a way that is still ended up humiliating the woman now it was not this was not happening like this in the time of the prophet by the way so in the time of the prophet muhammad this was not happening like this but it starts gradually later a few cases and then as muslim civilization develops this becomes obviously a thing because muslims start it becomes this culture of talaq if you do this if you do this this becomes a whole

and this is something it's silly it's petty right it's ridiculous the books of talaq the book of talaq is the second largest second largest book within the book of sharia after kitab a huge chunk of that is all about people making oaths of talk oh if this happens i'll give you talk if that happens i'll give you talk people don't need to speak like that this kind of thing is nonsense and so what i would advise as i've said before

that look islam is all about wealthy it's all about muslim heights all about preserving and safeguarding right the ulama somebody said there maybe this was a punishment somebody said maybe whilst i was speaking somebody had commented that maybe this was a punishment punishment for who punishment for the guy what like saying oh uh you said balak look i absolutely condemn people using using this kind of language as a threat saying to people like if a husband says to his wife oh my god i'm giving you talk that is just that's just a child

okay yes i mean talaq is this the relationship is broken is broken but what i'm trying to say is that people who use this that's unacceptable to start off with secondly if he does use it more than anything he's in need of education yes if the woman does not want to go back to him then you do not need to kind of provide certain fatawa because the woman is just glad the relationship's over but if both couple have a strong resolve to get back together then the woman shouldn't be further penalized and humiliated as a consequence of the husband not

being able to acting like an idiot so husband says now she has to go and spend the night with another guy to pay for him i mean that's ridiculous that's absurd by any measure so as i said that look if the couple have a strong first of all people shouldn't use these kind of bala terms in that way secondly if it does happen then and both couple both couple have a strong resolve to get back together then i believe that um

especially in our day and age have an obligation and are duty bound to find for to find for the couple any uh any ruling that will allow them and facilitate this union okay because the whole thing is about trying if if a family want to stay together then islam wants them to stay together okay that's all i can say uh islam is not about breaking homes it is about making homes but if it's a different scenario if a relationship has broken down if a relationship is broken down then islam is not going to

impose an artificiality of a home but where a family wish to stay together it is absurd to claim that allah wants them to be a part that you know let no man cleft them asunder as as it says so the thing is that this this has kind of brought a lot of uh disrepute unfortunately onto islam i still uh i mean there's been that whole right now it's been in the news and everything this whole thing so yes allah may allah make things easy for people who are going through such circumstances as well um

but we really do need a lot more education out there right people i've gone on for way too long i'm surprised some of you have hacked it right i'm gonna leave you to it inshallah once again if you are on facebook and you've not uh added me before or followed me then do so i'm on twitter as well same handle multiple lathe uh on snapchat as malm 2014 that's malm2014 you can add me shoot me your questions inshallah i do try to respond uh as as much as i can although right now my voice notes on on facebook messenger are playing up for some reason

but i i do try to respond inshaallah other than that shukran for all your encouragement and support uh right and so that's it anything else reach out to me people take very good care of yourselves till next week remember me in your kind of salaam alaikum warahmatullahi foreign