Does the sentence “Here’s your Talaaq, take it and go” constitute a divorce?

Question:

If the husband says over the phone says ‘ here’s your talaaq,take it and go, here’s another talaaq,take it and go and here’s your last one take it and go One time is this talaaq valid? Is the marriage over? There were no witnesses.

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

You have stated that your husband has uttered the following three sentences:

1. “Here’s your talaaq, take it and go.”
2. “Here’s another talaaq, take it and go.”
3. “And here’s your last one.”

With regards to the first two sentences, two Talaaq-e-Rajees’ (revocable divorces) have taken place as these two sentences clearly mention the word Talaaq.[1]

However, the third sentence does not contain the word Talaaq. Hence, if your husband intended to give you Talaaq with the third statement, then the third Talaaq has also taken place and both of you no longer remain as husband and wife.

If your husband did not intend to give you Talaaq with the third statement, then the third Talaaq has not taken place.

Furthermore, when the husband utters the words of Talaaq and he intends to direct the Talaaqs towards his wife, then it does not matter whether the witnesses are present or not. The Talaaqs will take place without the witnesses.

And Allah Ta’āla Knows Best

Checked and Approved by,
Mufti Ebrahim Desai.