Respected Brother Mufti,
Brother Mufti my question is that does an anger has any limit in saying divorce because he said it three times, without counting that he only need twice. To me he was so angry that he couldn’t remember the last time he have said it and he doesn’t need to say it three times, he only would need it 2 times if he wanted to say it completely. I never saw him this much angry, but he used to loose his temper when he wasn’t able to chew his tobacco for long time.
My question is that can this divorce counts one instead of three since he didn’t know his numbers.
الجواب وبالله التوفيق
As per the accuracy of the situation described in your question, all three divorcesissuedhave taken effect. When absolute words are used to issue a divorce, accompanying intention is not required in order for the divorce to take effect. By saying I did not have any intention now, will not have any effect on the validity of the issued divorces. Rasulullah Sallallaho Alyhi Wasallamhas said:
عن ابی ھریرۃ قال قال رسول اللہ صلی اللہ علیہ وسلم ثلث جدھن جد و ھزلھن جد النکاح والطلاق والرجعۃ
(ترمذی شریف باب ما جاء فی الجد والھزل فی الطلاق )
Translation: Three things are such that not only their reality is reality but stating them jokingly also becomes reality. Those three things are, Nikah, Divorce, and Raja‘(i.e. reconciliation).
وصریح الطلاق لا یحتاج الی النیۃ (رد المختار، فتاویٰ رحیمیہ ص486، ج4
Divorce is usually issued in anger therefore when a divorce is issued in anger it takes effect and whatever number of divorces is issued will take effect.
(ویقع طلاق من غضب خلافا لابن قیم وھذا الموافق عندنا۔ (حاشیہ فتاویٰ محمودیہ، ص 149، ج18، بحوالہ در محتار
واللہ اعلم بالصواب