1: Husband wrote * divorced * on a piece of paper in presence of wife with out intention during an argument.
2: Husbad sent * talaq talaq talaq* on WhatsApp to his wife but deleted immediately as he wanted to write * take talaq* each time and says each time word talaq came in mobile dictionary, thats why pressed it but deleted immediately before writing * take*
He takes an oath
Answer
Assalāmuʿalaykum Wa Raḥmatullāhi Wa Barakātuh
In the enquired scenario, three Ṭalāqs have occurred and the marriage has terminated.
In the first instance, irrespective of his intention, one Ṭalāq had occurred based on the context provided.
Regarding the second instance, we quote the Prophet ﷺ having said the following:
“There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final)” [Abū Dāwūd]
Based on this prophetic tradition, two Ṭalāqs have occurred by him typing ‘talaq’ three times.
Understanding the workings of text-prediction and the auto-correct feature found on most devices, it is a very rare case that a person would type the word ‘take’ and it would be auto-corrected as ‘talaq’, and it is highly unlikely that a person would intentionally type a message such as ‘take take take’, and it is also unlikely for any person to see the word ‘take’, not once or twice, being auto-corrected, but rather three times and continue to send such a message.
Nevertheless, it should be noted that men are only given the right to three Ṭalāqs, and one had already been issued previously; hence only two had occurred with the typing of ‘talaq’ three times whereby the third ‘talaq’ mentioned in his message would not be considered.
And Allaah Ta’aala knows best
Wassalaam,
Ismail Moosa (Mufti)