Now, after 85 days from this incident, by Allah’s grace, and some friends interceding, I want her back to me. She told me that she had three menstruating periods already. We work in the same place and she is a professional colleague of mine. I want to protect my home; especially that we have teenage children.
Praise be to Allaah.
Firstly:
Divorce in writing does not
count as such unless the husband intends it as such. If he writes a divorce
to his wife but he did not intend to divorce her, then divorce does not take
place according to the majority of scholars, and this was the view favoured
by Shaykh Muhammad ibn Ibraaheem and Shaykh ‘Abd al-‘Azeez ibn Baaz (may
Allaah have mercy on them).
This has been explained in
the answer to question no. 72291.
Based on this, the text message that you sent via mobile phone does not
count as a divorce because you did not intend it as such.
Secondly:
If a man says to his wife,
“You are divorced, you are divorced, you are divorced,” intending thereby
one talaaq and only repeating the phrase for emphasis or to make sure his
wife understands the words, this only counts as one talaaq, according to the
four imams (may Allaah have mercy on them).
See: al-Mawsoo’ah
al-Fiqhiyyah (1/221).
Based on this, when you
said to your wife “You are divorced, you are divorced, you are divorced,”
intending thereby only one talaaq, it counted as one talaaq, and this was
the second talaaq.
As her ‘iddah has ended,
you cannot take her back, but there is nothing wrong with doing a new
marriage contract with her, subject to the usual conditions of marriage: the
woman’s consent, and the presence of two witnesses and her wali (guardian),
etc.
She can come back to you on
the basis of this marriage contract, with the outstanding number of
divorces, i.e., there is only one talaaq left with her.
You should help your wife
to get rid of this depression by finding out its causes and dealing with
them, and by pursuing the means that will help to bring her relief and peace
of mind.
And Allaah knows best.
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