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Fatwa CenterHer husband uttered her divorce after writing two divorces before
Question
Sir, I need to know about right way of giving talaq in Islam. My husband said first talaq through sms when I was pregnant through mobile sms, the second talaq said after ten days of first talaq without ruju and reconciliation through email. He was in much anger and i was not at any type of fault and just requesting him to take me back. after second day of second talaq he made ruju and returned to me. then I missed my pregnance in an accident. After 2 n a half year of two talaqs he given me third talaq through an agreement in which he mentioned the terms and conditions for the well being of our son (as we have a son also). We both were in need of bath after sex when he sign that agreement. I could not understand what is happening. Now after 10 months of this talaq he really feel guilty and returned to me for forgivness from my side. I didnt tell anybody in my family about talaq. when I told them one of my uncle said that there is a chance for both you for ruju because there are only two talaqs took place. Please tell me through reference that is there any chance we both have to re start our lives with each other as husband and wife, because I love him still. He was a married man and father of four kids. He was not fulfilling my rights properly at that time and even then I was happy with him. Please tell me If there is any possibility. because I want to spend my all life according to Allah's given way. Inshallah.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
We have already issued Fatwa 85415 clarifying the Sunni divorce and the Bidi’i divorce (the innovative divorce, i.e. the divorce that is not in conformity with the Sunnah).
Writing the word divorce is considered as one of the metaphors of divorce, so divorce does not take place by writing it unless it is accompanied with intention as we clarified in Fatwa 89894. Therefore, if your husband intended to initiate divorce when he wrote it, then the first and second divorce took place. However, if he had written it without having the intention of divorce and he did not utter it, then divorce does not take place.
Moreover, divorcing a wife during her waiting period from a revocable divorce takes place according to the preponderant view of the jurists 
. Besides, anger is not an impediment that prevents divorce from taking place except in a case when the person is not conscious of what he is saying. For more benefit on the types of anger, please refer to Fatwa 121374.
As regards the third divorce, then if your husband initiated it while you were in a state of purity in which he had sexual intercourse with you, then it is an innovative divorce. According to the most preponderant opinion of the scholars it takes place as per the first Fatwa we referred you to.
Hence, if the two written divorces had taken place, then you have become irrevocably divorced from your husband with major separation and you will not become lawful for him unless you marry another man a true marriage [i.e. not in order to make you lawful for your first husband] and he consummates the marriage with you and then he divorces you or dies.
Finally, we advise you to take your case to an Islamic court as the judge may find out from the husband as to his intention and to the type of his anger. In addition to this, the ruling of the judge puts an end to issues of difference of opinion.
Allaah Knows best.
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