Question

i(mohamed) had pronounced single talaq i,e under the form of talaq-e-ahsan to my wife bibi ayesha through letter with registered post(RK470421425IN) ON 18th april 2022,in that letter i had metioned that why i am pronouncing talaq to her during the 3months iddat period i(mohamed) niether visited my wife nor spoke on phone nor cohabited with her and did not had any kind of sexual relation with her in the iddat period and after completion of iddat period of 90days i again sent her a intimation letter infroming about the completion of iddat priod that letter was also sent through registered post (RK680382452IN).

has my talaq has taken place under talaq -e-ahsan and can i marry without informing my 1st wife

Answer 1

Ref. No. 2146/44-2203

In the name of Allah the most Gracious the most Merciful

The answer to your question is as follows:

After one divorce, when the three menstrual periods have passed, it became irrevocable divorce and your marriage is no longer obtainable. Hence, she became a stranger to you. Nevertheless, if the woman wants to marry another man, she can do that. And if she is ready to marry you and both of you agree to get married again, then you can get married and live together, but it should be kept in mind that in the future you will have right to only two divorces.

الدر المختار وحاشية ابن عابدين (رد المحتار) (3/ 409):

"(وينكح مبانته بما دون الثلاث في العدة وبعدها بالإجماع) ومنع غيره فيها لاشتباه النسب".

  الدر المختار وحاشية ابن عابدين (رد المحتار) (3/ 418):

"(والزوج الثاني يهدم بالدخول) فلو لم يدخل لم يهدم اتفاقًا قنية (ما دون الثلاث أيضًا)."

 

Darul Uloom Waqf Deoband 

And Allah knows best

Darul Ifta