Repeating the word of divorce without intending emphasis or issuing a new divorce
10-1-2015 | IslamWeb
Question:
I have asked a question twice and I have been redirected to some fatwas. I have read all these fatwas but the question which I am asking is not one of these. After reading the fatwas I have found that If somebody intended to emphasize on the first utterance in this case divorce is counted as one. Similarly if he hasn't intended any number it counts to one. However if he made three pronouncements in order to initiate new divorces they are counted as three or if he intends any number. However if he didn't intend any number it will be counted as one according to Ibn Qudamah. My question is I divorced my wife three times saying I divorce you, i divorce you, i divorce you. No conjunctions in between , I am almost certain i did it to emphasize but having doubts, I didn't intend any number, but on the other hand i am having doubts whether i pronounced them to initiate new divorce or not. My question is if when has doubts whether he pronounced divorce with the intention of emphasizing or issuing new divorce what should he do. However he is almost certain he didn't intend any number. Please reply me with the answer of this question .
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, is His slave and Messenger.
If someone says to his wife "you are divorced, you are divorced" and he intended by the second pronouncement of divorce to emphasize the first divorce, then only one divorce takes place, but if he did not intend anything, then the majority of the scholars are of the view that it takes effect as two divorces.
Ibn Qudaamah 
said in Al-Mughni: "In brief, if a husband says to his wife with whom he has consummated the marriage 'you are divorced' twice, and he intended by the second divorce to issue a new divorce, then this takes effect as two divorces without any difference of opinion. However, if he intended to make her understand that the first divorce has taken place or he intended to emphasize the first divorce, then it is only one divorce that takes effect. But if he did not intend anything, then this takes effect as two divorces. This is the view of Abu Haneefah and Maalik, and it is the correct opinion of the two opinions of Ash-Shaafi‘i who said in his other view: she is divorced once because repeating divorce is (basically) for emphasis and making others understand and it is potentially for issuing a new divorce, so in case of doubt a divorce does not take effect." [End of quote]
Az-Zarkashi said: "If he says 'you are divorced, you are divorced, you are divorced,' and he intends neither to emphasize the first one nor to issue a new divorce, but he just says it without any specific intention, then evidently it takes place as three divorces, because the second pronouncement is meant to issue a new divorce just like the first statement; it is for this reason that it is said that if the matter is between issuing (a new divorce) or emphasizing (the first divorce), then issuing a new divorce has primacy. This is based on what is apparent, and the opposite view is based on the fact that there is no certainty that a new divorce is issued."
However, if you said to your wife "I divorce you" in the present tense, then this does not result in divorce unless you intended it. Please refer to Fatwa 198269.
Based on that, if you intended three divorces, then it takes effect as three divorces, and if you doubt your intention — whether you intended one divorce or three divorces, or whether you wanted to emphasize or issue a new divorce — then it is only one divorce that takes place because it is this one divorce that is certain while whether or not you intended the second and third divorces is doubtful.
Allaah Knows best.