Question Summary:
Kindly clarify whether in the above scenario, all 3 talaqs has happened or not…

Question Detail:

1. In 2005 X - the husband, writes on a piece of paper that ' I divorce' and then crosses it. Does this count as one talaaq.
2. In Sep, 2006,  X - says ' I divorce you' in front of his uncle and brother in law and then do the rujoo.
3. In December, 2007, X clearly says these words - ' Divorce', I divorce you and there is a witness to that.

X and his family now says that there are only 2 talaqs and not 3.

Y based on #2 and #3 asked a scholar and got a fatwa that 3 talaqs have occured. Y then completed her iddat.

Kindly clarify whether in the above scenario, all 3 talaqs has happened or not.

Jazakullah Khairun.

Answer :

In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatoh
In points 2 and 3, the word divorce has been uttered three times. Why does X fell as the husband feel that onlt two divorces have taken place? Once we receive X’s response, we will issue a ruling.
And Allah knows best
Wassalam
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah