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If a husband and wife both living saparate and husband says to his wife on the phone” aaj tumeh pehli talaq ho gai hai” he repeats the same words three times. How many talaq has happened? another question is after saying the above santance the next day he phones and says “i have not divorced you, the divorce has not happened you are still my wife” but they still live saparate and the iddah period goes over. they wants to reconciliate after this iddah period what should they do? Is there any possible way for them to get back?

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
If a husband and wife both living saparate and husband says to his wife on the phone” aaj tumeh pehli talaq ho gai hai” he repeats the same words three times. How many talaq has happened? another question is after saying the above santance the next day he phones and says “i have not divorced you, the divorce has not happened you are still my wife” but they still live saparate and the iddah period goes over. they wants to reconciliate after this iddah period what should they do? Is there any possible way for them to get back?

Answer

(Fatwa: 75/49/D=1432)

The repetition of sentence “the first talaq took place” twice or thrice may be for emphasis. Hence if the husband intended emphasis i.e. (he did not intend separate talaq by the repetition of three times), then one talaq raj’ee (revocable) took place. And the next day when he said “I haven’t given you talaq” it shall not be considered. The wife became bayinah after her iddah is over and will be necessary to have fresh nikah if the husband wants to take her back. However, halalah is not required.

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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