Assalamulaikum, I have friend who gave his wife talaq in anger but is now regretting it. Anyway when he gave her talaq he didnt say the words 'talaq to you' three times, but said 'I have given you three talaqs' in one sentence, would this be carried out as three talaqs or did he have to say them seperately, if its not three talaqs could you please explain the condition… jazakallah
In the name of Allah, Most Compassionate, Most Merciful,
The words which effect divorce are of two types:
1) Clear and plain words (sareeh)
2) Ambiguous and allusive words (kinaya)
Sareeh means expressly pronouncing the word divorce or words derived from it, such as: “I divorce you” or “you are divorced” etc… Clear and plain words effect divorce whether one intends divorce by them or not. (Raddul Muhtaar, V2, P465)
Kinaya means using words that are not exclusively prescribed for issuing divorce, but alludes and hints to it. Kinaya words do not effect divorce unless one intends divorce by them or it is determined by the circumstance one is in. (Raddul Muhtaar, V2, P501)
A person is recommended that if a need arises for divorce then only one divorce should be given. Despite this if three divorces were issued in one word (i.e “I have given you three talaqs”) or three separate words/sentences were used in one menstruating period then divorce will take place. This type of divorce is called irregular divorce (Talaq Bid’a) (See Hidaya, Vol 2, P355)
In concluding, the statement “'I have given you three talaqs” is irregular divorce (Talaq Bid’a) and falls under clear and plain words (sareeh). Therefore these words will affect three divorces whether one intends it or not.
And Allah knows best.
Darul Ifta, Birmingham