Assalam o Alaikum,
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the Name of Allah, the Most Gracious, the Most Merciful.
Wa alaikumussalam wa rahmatullahi wa barakatuhi
A hadith in Abu Dawud, Tirmidhi and other books states that the Prophet (sallallahu Alaihi wa sallam) said that three things are such that engaging in them seriously is taken seriously and engaging in them jokingly is also taken seriously: talaq, nikah and raj'ah.
The renowned Hanafi jurist, Ibn Nujaym states:
ولم يشترط أن يكون جادا فيقع طلاق الهازل به، واللاعب للحديث المعروف «ثلاث جدهن جد وهزلهن جد النكاح، والطلاق، والعتاق»
[البحر الرائق شرح كنز الدقائق 3/ 244]
“It is not a requirement that he (the husband issuing talaq) is serious. Therefore, the talaq of one who issues talaq jokingly is also valid as well as the talaq of one who issues it playfully. This is due to the famous hadith: Three things are such that engaging in them seriously is taken seriously and engaging in them jokingly is also taken seriously: nikah, talaq and freeing a slave.”
Also, for the talaq to be valid, it is not a requirement that the wife whom the husband wants to give talaq to be present when he utters words of talaq.
Talaq will be valid if the husband utters or writes down statement of talaq directing them to his wife, whether she is present at the time or not.
Therefore, based on the above, when you uttered, wrote down on paper and sent SMS statements of talaq directed towards your second wife then those talaqs were valid. If the total number of times you did these actions is three or more then three talaqs took place.
And Allah Ta'ala knows best.
Mufti Faizal Riza
Darul Ifta Australia
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