Fatwa ID: 04385
Answered by: Imam Abdul-Malik Sheikh
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allah, the Most Gracious, the Most Merciful
You should know that there are three types of Talaq. The first is the revocable Talaq (Raj’i), second is the separating Talaq (Ba’in), and thirdly the sever Talaq (Mughalazah).
In the first type, the husband may take back his wife during the waiting period (iddah). In the second, he may only take her back with a new marriage as separation has occurred. In the third, the husband may not take her back at all until she marries another husband after her Iddah. The marriage would need to be genuine and they will need to consummate the marriage and if this new husband dies or divorces her, she may marry her first husband.
“Divorce (is permissible) only twice, then either maintain (them) in honour or let (them) go in kindness.”(Surah al-Baqarah: 229)
According to this verse, Talaq can only be given three times. The first two times the relationship may be resumed during the Iddah and this is the revocable (Raj’i) Talaq and after the Iddah the marriage may only be resumed with a new marriage contract and this is the separating (Ba’in) Talaq. However, after the third Talaq, resuming the marriage is not possible until she marries another husband, the marriage is consummated and she is divorced or widowed from the second husband.
To give pronounce Talaq in a sentence is described by the Fuqaha as Talaq Al-Bid’ah (innovation). Though it is not the Sunnah way of giving Talaq, irrevocable Talaq occurs and the marriage is no longer valid.
In response to your question, if the husband has pronounced Talaq three times then the major separation (Mughalazah) has occurred and they are no longer lawful for each other.
Only Allah Knows Best
Written by Imam Abdul-Malik Sheikh
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham