divorce

30 Nov 2018 Ref-No#: 1205

Aoa!
I was married in 2015.me and husband relation were not good from starting we were only 1 month in relation!after 6 moths my husbnd said i am free he dont accept me as a wife and he is mently prepare that he divorced me!he call my parents he told my parents i am done with her she is no more wife she is free from my side!my husbnad want to say that sentence talaq talaq but my parents says please dnt we took her our house no worry!after 3 months i was another city with my mother in law and my husbnd was in my parents house he told my parents that now he divorced me my parents were sitting there with him my husbnd call on his mother phone my husbnd said me you are divoreced 1 time you are divorced two time now leave my house get out your father mother also listning !now i give you two time divorced understood.
i came to my parents house he dnt contact me in my iddah period after my iddah period he text me that your 1 divorce is remaing so talaq talaq talaq now i give u 3 talaq now marry another person you are not my wife.
my question is that is this last text massage talaq consider third talaq or not?
jazakAllah

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

If you husband had the intention of divorce when he said that you are free and he does not accept you as his wife, then one Talaaq Bain has taken place.

After the three months, if you were still in your ‘Iddah, the divorces which he informed your parents and told you will all be valid. Thus, the three divorces took place then.

However, if your ‘Iddah expired whe he mentioned those statements, then only the first divorce is valid, and all divorces thereafter do not count. However, since the first divorce was Baain, he cannot get back to you unless a new Nikah is made.

References

فإن فرق الطلاق بانت بالأولى ولم تقع الثانية والثالثة ” وذلك مثل أن يقول أنت طالق طالق طالق لأن كل واحدة إيقاع على حدة إذا لم يذكر في آخر كلامه ما يغير صدره حتى يتوقف عليه فتقع الأولى في الحال فتصادفها الثانية وهي مبانة ” (الهداية – 1/ 233)