Intention Determines the Ruling Concerning Repetition of Words of Divorce
1-12-2002 | IslamWeb
Question:
I have a question regarding divorce and reconciliation: A husband pronounces divorce to his wife twice in one sitting, he isn't sure if he wanted to pronounce divorce once or twice, so now he wants a Fatwa regarding whether or not it was counted as one or two. Also the pronouncement was said in the English language, does that make any difference.
Answer:
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
If a person had divorced his wife twice without having any doubt and then he divorces her a third time, then she becomes separated from him forever. He cannot take her back till she marries another man and provided she has sex with him and then he divorces her or dies, only then can he (first husband) marry her again with a new contract.
If one is doubtful about the matter of divorce or the numbers of divorce, then he should seek the truth and should act according to what is most likely.
If he cannot find out the reality of what happened and only has suspicions about divorcing, then, in this case, he should adhere to the original situation; i.e., the continuity of the marriage contract. There is a general rule in the Sharee’ah that reads: "Certainty is not overlooked by mere doubts." The certainty in this matter is the continuity of the marriage contract and the doubtful matter is divorce. This is the most correct opinion.
Imam Ash-Shaafi’i said: “Whoever is certain of a marriage contract and doubts about divorce, then the marriage is the valid one. Since a certainty is not repealed but through certainty.” [Al-Umm]
Al-Mardaawi said in Al-Insaaf: “If one doubts whether he divorced or not, the doubt is not considered.”
The inquirer is sure that the person had delivered two divorces, but he has doubts about his intention, whether he intended two divorces, or he wanted to confirm the first divorce by the other divorce.
If he repeated the words of divorce using coordinating conjunctions such as 'you are divorced, and you are divorced' etc. then they are counted as two divorces. If he had delivered it without using conjunctions like saying: 'you are divorced’, ‘you are divorced’, in this case, he should return to his intention. If his intention was only to confirm the first divorce, then it is counted only as one divorce and then he can bring his wife back to conjugal life during her ‘Iddah (waiting period). If his intention was to deliver two divorces, then they are counted as two divorces; in which case, he should act accordingly. In other words, if he had delivered a divorce before and then he delivered two divorces, then the total number of divorces becomes three; so, he cannot take her back as mentioned above.
However, if he cannot decide on the intention, then it is considered only one divorce based on the rule of certainty as mentioned before.
The Maaliki School of jurisprudence said: “If one repeats the words of divorce during a sitting without a conjunction like: 'You are divorced, you are divorced' the number of divorce is counted on the basis of how many times he repeated that except if he intends by repeating the words the confirmation only.”
Know, that the ruling of divorce does not change from language to language. So, if one delivers divorce in English it would be effective.
Finally, this person should try to make sure of his intention, if he intended one or two divorces, then he should act accordingly. If he cannot make sure and has doubts, only then could he continue his matrimonial life.
Allah knows best.