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Fatwa CenterShe is not sure whether she is divorced twice or thrice
Question
My ex husband has uttered the words "I divorce you" twice before in English and finally he had divorced me on paper with two talqas and with witnesses...I am sure he said in Arabic during that time. I am confused about whether "I divorce you" has to be said in Arabic and how many talaaqs do I have with him so far? We need time apart but I'm not sure if this is my second or third time divorced considering whether or not Iddah period counts or not? pls help me with this confusion.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
If your husband has uttered that word (I divorce you) as mentioned in the question, i.e. in the present tense, then it is not a clear statement of divorce; rather, it is a promise of divorce and the promise of divorce does not lead to divorce unless the husband had intended to initiate divorce on the spot by uttering it as we discussed in Fatwa 92476.
Besides, uttering the word of divorce in a language other than Arabic is like uttering it in Arabic. So, if the husband utters it, divorce takes effect as it is not necessary to mention the word of divorce in Arabic.
As regards the two other divorces, if each one of them was separate from the other, like if the husband divorced once and then he took his wife back and then he divorced again, then this is two divorces. If he divorced twice in one word or in one session, or in two sessions without him taking his wife back, then it is an innovative divorce which is forbidden. The scholars differed in opinion whether it is two divorces or one divorce. However, the majority of the scholars are of the first opinion whereas Ibn Taymiyyah and his disciple Ibn Al-Qayyim had chosen the second opinion. The opinion we adopt here in Islamweb is the opinion of the majority of the scholars.
As regards writing the word of divorce, it is a metaphor of divorce and it does not lead to divorce unless the husband has intended it, but it appears that your husband had intended divorce here; the evidence is that he had witnesses on it.
On the other hand, we did not understand what you mean by your question about whether or not the waiting period should be observed. Anyway, if you mean your husband taking you back, then it depends on whether the divorce is revocable or irrevocable. So, if it was a revocable divorce, it is permissible for your husband to take you back during your waiting period without a new contract. If the divorce was an irrevocable divorce with minor separation like if it was Khul’ or that it is the judge who ruled it, then your husband cannot take you back except with a new contract. However, if it is an irrevocable divorce with major separation, then you are not lawful to him unless you marry another husband (and he divorces you or dies). For more benefit on the kinds of divorces, please refer to Fatwa 82541.
Finally, there are some details in this regard and it might be that there is a need to ask the husband about his intention (when he initiated divorce). In addition to this, there is a difference of opinion about some matters of divorce; so we advise you to refer to an authority that deals with the personal matters of the Muslims like the Islamic Centers in your country.
Allaah Knows best.
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