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Has the husband given talaaq to his wife?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
As salaam alaikum! PLEASE HELP!! A very COMPLICATED situation..I would like to know that if a husband writes an sms to his wife saying “I give second Talaaq to you and if u again send an sms you know our marriage will be over.” But after this also he is in touch with his wife through sms and continues talking to her,not talking for 2 months in between.Has the talaaq been given? Then after 6 months he sends an sms ” Main apne lafz wapas leta hun” To kya talaaq maana jaayega?? If yes then what is the iddat period for the wife and was it wrong on her part to talk to her husband over phone or sms him? Now it has been three months since the wife talked to her husband. Please guide and clarify my doubts. Shukriya. Jazaakallah!!!

Answer

(Fatwa: 123/124=D/1429)

If the husband admits that he sent the SMS of talaq, then the talaq shall take place. And, talaq once pronounced or written cannot be taken back. But, if the husband writes the abovementioned words only once, then only one revocable talaq took place in which he can take her back in his Nikah. So, you should clarify what was the wording of SMS and how many times he wrote it. And, what was the wording of first talaq and when did he give it? And, what does he mean by his words: “I give second Talaaq to you and if you again send an SMS you know our marriage will be over.? And, did you send any SMS after this of him or not?

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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