Said to his wife "I divorce you, divorce, divorce"

16-3-2011 | IslamWeb

Question:

Asalam Alaikum, I bare witness to Allah that all information mentioned here is correct. My knowledge of Talaq was as such that I have to pronounce Talaq Talaq Talaq for Talaq to become effective. Having said that, my knowledge was as such by pronouncing Talaq once does not make it happen. I was also under the impression that the wife has to hear me say Talaq Talaq Talaq for it be effective, if she does not hear then it does not happen. Keeping this in mind, I pronounced I divorce you, divorce, divorce to my wife. My intention was to leave her and to divorce her. I come to you for fatwa because you do hold the view of majority that pronoucning Talaq Talaq Talaq results in irrevocable divorce if the intention was for second and third Talaq by uttering those words. I would like to make it clear to you that my knowledge in light of Islam and Sunnah was as such that I have to say Talaq Talaq Talaq for Talaq to become effective. Saying Talaq only will not have effect and it does not become effective. When I uttered I divorce you, divorce, divorce, my intention was to leave her and for divorce. My intention was not for 1st Talaq, 2nd Talaq, 3rd Talaq by such pronouncment because I was not aware about this. My intention was for Talaq only and to leave her. Having you known my intention and why I said Talaq Talaq Talaq, has my wife become irrevocably divorced from me or due to my knowledge, the second and third pronouncment becomes emphasis on the first pronouncement because I repeated second and third time because I was under the knowledge that Talaq does not become effective till I say it three times. Can you please issue your verdict in light of Quran, Sunnah, and majority view on this, please do keep in mind why I said Talaq Talaq Talaq and not just Talaq. Jaza-Kalla-Khair. Talha

Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

First of all, you should know that just not knowing the rulings of divorce does not prevent divorce from taking place, and we have already clarified this in Fatwa 92352.

Besides, divorce takes place by uttering the word “divorce” (as a verbal noun) according to the view of the majority of the scholars  may  Allaah  have  mercy  upon  them while some other scholars are of the view that divorce does not take place by it unless it is accompanied by intention of divorce.

However, since you intended to divorce your wife, then divorce had taken place. But is it one divorce or three divorces? The answer is that if you really did not intend to initiate a new divorce by uttering the second and third divorce, then it is only one divorce which takes place and you may take your wife back without a new contract as long as she is still in her waiting period. For more benefit, please refer to Fatwa 82541.

Allaah Knows best.

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