As Salamu Alaikum, I wanted to ask if a man says talaq 3x in one sitting where there were no witnesses present - is this a permanent divorce with no reconciliation or is this talaq invalid? This was in a state of anger too. Jzk

وعلیکم السلام ورحمتہ اللہ وبرکاتہ 

If a husband pronounces “talaq” three times in one sitting, even without witnesses, and even in a state of anger, then the divorce does take effect as three divorces, provided that the husband was mentally conscious and understood what he was saying. This results in Talaq-e-Mughallazah (irrevocable and final divorce). In such a case, no reconciliation (ruju‘) or remarriage is permissible between the same husband wife unless halala occurs.

Basis from the Qur’an

1.Allah Ta‘ala says:

“Divorce is twice; then either retain [her] in kindness or release [her] with good treatment. And if he divorces her [the third time], then she is not lawful to him thereafter until she marries another husband.”

(Surah Al-Baqarah 2:229–230)

This verse establishes that after the third divorce, the marital bond is completely terminated, and the woman becomes unlawful for her former husband unless she marries another man and that marriage ends naturally.

2.Witnesses Are Not a Condition

There is no verse of the Qur’an nor any authentic Hadith that makes witnesses a condition for the validity of talaq. Therefore, if talaq is clearly pronounced by the husband, it is valid even if no witnesses are present. Witnesses are recommended for order and clarity, but their absence does not invalidate the divorce.

3.Three Talaq in One Sitting

عَنْ ابْنِ عَبَّاسٍ رَضِيَ اللَّهُ عَنْهُمَا قَالَ:

كَانَ الطَّلَاقُ عَلَى عَهْدِ رَسُولِ اللَّهِ ﷺ، وَأَبِي بَكْرٍ، وَسَنَتَيْنِ مِنْ خِلَافَةِ عُمَرَ، طَلَاقَ الثَّلَاثِ وَاحِدَةً، فَقَالَ عُمَرُ بْنُ الْخَطَّابِ: إِنَّ النَّاسَ قَدِ اسْتَعْجَلُوا فِي أَمْرٍ قَدْ كَانَتْ لَهُمْ فِيهِ أَنَاةٌ، فَلَوْ أَمْضَيْنَاهُ عَلَيْهِمْ، فَأَمْضَاهُ عَلَيْهِمْ.

It is authentically reported by Ibn ‘Abbas (RA):

“During the time of the Messenger of Allah ﷺ, Abu Bakr (RA), and the early part of ‘Umar’s (RA) caliphate, three divorces pronounced at once were treated as one. Then ‘Umar (RA) enforced it as three, and the Companions accepted it.”

(Sahih Muslim:1472)

Based on this, the consensus of the Companions (Ijma‘) was established, and all four Sunni schools of Islamic law (Hanafi, Maliki, Shafi‘i, and Hanbali) hold that three talaq in one sitting count as three.

4.Talaq Given in Anger

Anger does not invalidate talaq unless it reaches a level where a person loses sanity or awareness and does not understand what he is saying. Ordinary or even intense anger, where the person remains conscious, does not prevent talaq from taking effect. This is the position of the majority of jurists.

IMPORTANT NOTE:

If the husband was in such extreme anger that he lost control of his intellect and was unaware of his words, then this becomes a fact-specific issue that must be evaluated by a qualified Mufti or Darul Ifta after hearing all details.

JZK