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Fatwa CenterIntention of husband is what determines number of divorces
Question
Assalaamu alaykum. If a husband pronounced the Talaaq (divorce) one time and then pronounced the Talaaq two times together after one year in anger. Will this be considered as three instances of Talaaq? Furthermore, the couple does not know the ruling, one year after the incident, the wife came to know from a friend that the Talaaq will be considered as three instances in this way and that she cannot live with her husband. Upon asking the husband, he rejected and claimed that he forgot the Talaaq that he had given, but the wife clearly remembers the single Talaaq the first time and two Talaaqs the second time. There is a possibility that the husband remembers but is not accepting his wife's comments due to fear of losing her or it could also be that he genuinely only remembers two Talaaqs. What is the possible solution? This happened with my relative. Please present your suggestion and it will be followed, Allaah willing.
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.
If the husband pronounced divorce twice consecutively, such as by saying, ‘you are divorced, you are divorced’, for example, but not with the intention of initiating two divorces, then it is only one divorce that takes place with this phrase. In case he had divorced her before that with one divorce, then they are two divorces [altogether], and the husband, in this case, has the right to take back his wife if she is still in her waiting period. For more benefit, please refer to fataawa 94110 and 82541.
Therefore, if the husband said that he did not intend to initiate two divorces but only intended to confirm the first one, or that he did not intend anything, and then he took back his wife, then the marital bond is still ongoing regardless of whether he divorced her before that with one divorce or not.
It is the words of the husband that are to be taken into account in this matter because he knows more about his intention.
However, if the husband said that he intended to initiate two divorces with the last phrase and the wife was certain that one divorce had taken place before that, then, in such case, she becomes irrevocably divorced from him and it is not permissible for her to stay with him according to most scholars.
In case he denied the first divorce, then the wife – since she is certain that that first divorce happened – must leave him and ransom herself from him with Khul’ (divorce requested by the wife and in which she gives the bridal gift back).
Finally, we recommend that the issue be presented to the scholars in the Islamic Center of the country of residence of the couple so that they would find out from the husband and ask him about the number of divorces that he had intended by uttering two divorces the last time.
Allaah knows best.
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