Fatwa #143108 June 2006Pakistan
he used these words "Aisi baat hai to mein usse abhi talaq deta hoon". Which can be translated as "If its so, I divorce her now"
Question
A male friend of mine had already issued two divorces to his wife last year. Then he used to tell me subsequently that he has also given the third talaq but after some time he told me he has not yet given the third talaq but he intends to.
Then one day as we were talking about his divorce case he used these words "Aisi baat hai to mein usse abhi talaq deta hoon". Which can be translated as "If its so, I divorce her now"
He till then was unaware of the fact that talaq issued in the absence of the wife takes place. Which I told him after he used these words. Now he is worried if he has already issued the third talaq or not.
Answer
1. On the basis of what you describe, even the third Talaaq has fallen. She is now out of his Nikah.
2. Ignorance of the Talaaq laws makes no difference in the falling of Talaaq.
and Allah Ta'ala Knows Best
Mufti Muhammad Kadwa
FATWA DEPT.
CHECKED & APPROVED: Mufti Ebrahim Desai (Fatwa Dept.)