How many talaqs remain at the husband’s disposal when the nikah is renewed after talaq

Question

Question: Zayd gave his wife one or two talaqs, revocable (raj‘i) or irrevocable (ba’in); then, without a second husband, within the ‘idda or after the ‘idda had ended, he himself contracted marriage. Now the question asked is: does Zayd own the remaining talaqs, or has he again come to own three talaqs? A reference to reliable books, with the text quoted, must be given.

Answer

In this case Zayd owns the remaining ones; he does not own three talaqs. Had he contracted marriage after a second husband, then according to the view of the two Shaykhs (Imam Abu Hanifa and Imam Abu Yusuf) he would have owned three talaqs, while according to Imam Muhammad ﵀ even then he would have owned only the remainder and still would not have owned three talaqs.

Source: Fatawa Mahmudiyya

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