Nikah when there is doubt about the third talaq

Question

Question: A man gave his wife talaq. Afterwards the wife wants to live with her husband, and the man whose wife she was also wants to take her into his nikah. Concerning the talaq, both husband and wife say that they remember two talaqs, but about the third talaq they are confused as to whether he gave it or not. What is to be asked is this: six or seven months have passed since this event. Can that woman now enter into nikah or not?

Answer

If the predominant belief is precisely that only two talaqs were given, and there is no predominant belief about the third talaq — it is at the level of doubt (shakk) — and there is no person present in whose presence the talaq was given, then a renewed nikah is now permitted.

Source: Fatawa Mahmudiyya

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