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Has 3 talaaq taken place if wife sends SMS after husband says “nikaah will be over” & he sent 2 SMS saying “I give talaaq”?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
As salaam alaikum ! With reference to fatwa number 10525 , i would like to make a query that if the wife sends an sms EVEN AFTER her husband says through sms ….” If you send any more sms you know nikaah will be over and the iddah period will start, you know it will be over” and before this the husband has already sent 2 sms just before that saying ….” Main Mr.X Ms.Y to TALAAQ deta hun ” has the 3 Talaaq’s taken place ?? please ” HELP” !! I am in great distress………..

Answer

(Fatwa: 833/697=D/1430)

The husband sent two SMS, in both he wrote: “Main Mr. X Ms. Y to TALAAQ deta hun”, if the husband intended separate talaq by each SMS, two talaq will take place. Again, if she sent the SMS while she was in iddah, then according the condition, the third talaq also will take place. The iddah for a divorcee is three menstruation cycles, but if she is pregnant, her iddah will continue till delivery. If the husband revokes the talaq after first or second SMS, the third talaq will take place anytime she sends SMS. But, if he did not revoke, the third talaq by sending SMS will take place within iddah not after iddah.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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