Question Summary:
Do the words “I am divorcing, talaq” affect a divorce?

Question Detail:

This happened 3 days ago me and my wife had a fight…i was angry and lef that place…then she called me and ve had a verbal fight on phone call…we both raise our voices and i utter these words ( i am divorcing talaq) i just said it three times and then i cut the call…this was not planned and i dont have any intention…i was just thinking that she is not happy with me… we were fighting from a week so i said u want to quit then u give me divorce…i was having no intention givving divorce…but then i was out of control after fight and i gave her divorce on call three times and after some time i realized i cant live without her it was a mistake…i was not knowing any thing that what will happen next…it was just a mistake…i was so angry i couldnot control my self...we have done nikah secretly..and if it is considered as divorce then whats the procedure of idat?…so now it is considerd as talaq or not? Can uh tell me please?

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Yes, it is considered a divorce. [i] [ii] Since the divorce was issued in clear terms, it takes effect irrespective of your intention.
Now that she is divorced three times as per your statement it will not be permissible for the two of you to live as man and wife until she marries another man and her marriage is consummated and she is then divorced. Only after this procedure [halalah] can she remarry you again.
For further details regarding halalah, please see Ask Imam # 19858 at the following link: http://askimam.org/public/question_detail/19858
And Allah Ta’āla Knows Best
Sohail ibn Arif,
Student Darul Iftaa
Chicago, USA
Checked and Approved by,
Mufti Ebrahim Desai.
 
ولا يلزم كون الإضافة صريحة في كلامه؛ لما في البحر لو قال: طالق فقيل له من عنيت؟ فقال امرأتي طلقت امرأته [i]
 رد المحتار، ٣/ ٢٤٨
 
فتاوى محمودية، ١٢/ ٢٧٣ - ٢٧٥ فاروقية [ii]