My question is this that if a husband in anger said to his wife three times face to face that “I divorce you, I divorce you, I divorce you”, at the same time then is this divorce valid? After telling these words now he is saying that he was in anger and he had no intention to give divorce to her.
So I have some more questions below:
(1) Is intention necessary, important and essential part to give divorce by a husband? If there is no intention and a husband used words of divorce three time like “I give you divorce” then has divorce taken place? What is the importance of intention of a husband to give divorce?
(2) If the husband was in anger, and now saying he was angry, then divorce given in anger is valid?
(3) Is divorce given three times all at the same time saying words like “I give you divorce, I give you divorce, I give you divorce” is consider as one divorce or it is valid for three time divorce? And can a husband still take her wife back?
(1) There is no need of intention when talaq is given in clear word. Talaq takes place without intention as well:
لأن الصريح لا يحتاج إلى النية (عالمگیری)
(2) According to Hanafi Fiqh, talaq takes place in the state of anger as well.
(3) By giving three talaqs in a single meeting all the three talaqs take place. One cannot keep one’s wife with him after giving three talaqs without a valid halalah. It is mentioned in the holy Quran:
فَإِن طَلَّقَهَا فَلاَ تَحِلُّ لَهُ مِن بَعْدُ حَتَّىَ تَنكِحَ زَوْجاً غَيْرَهُ [البقرة : 230]
Allah (Subhana Wa Ta’ala) knows Best
Darul Uloom Deoband