Does giving wife right to divorce count as talaq?

Answer (according to the Salafi / Ahl-e-Hadith methodology):

Your statement does not constitute a divorce, nor does it activate or revive the previous three divorces that were already ruled as bid‘i (innovated) and invalid by a reliable Salafi mufti. Your marriage remains valid.

Detailed Explanation

1. The nature of your statement

You said (in Bangla):

“তুমি যেহেতু আমার সাথে থাকতে চাও না তাহলে তোমাকে অধিকার দিলাম চতুর্থ টা তুমি দাও, যেহেতু আগে আমি ৩ তালাক বলেছি তুমিই তো বলো সবসময় তো তুমি দাও ৪ নম্বর টা।”

Translation: “Since you do not want to stay with me, I give you the right – you give the fourth one. Since I previously said three divorces, you always say that you give the fourth one.”

• You did not pronounce a divorce yourself. You merely gave her the right (tafwīḍ) to divorce you.
• She did not use that right (as you confirmed). A tafwīḍ divorce only takes effect when the wife actually utters the divorce with the intention of divorcing. Since she did not act upon your offer, no divorce occurred.

2. The previous three divorces are already ruled invalid

The Salafi mufti gave a fatwa that those three divorces were bid‘i (innovated, irregular) and do not count. This ruling is based on the correct view of the majority of the Salaf and the four imams when the divorce is pronounced in a single sitting, in anger, or without proper procedure – particularly when there is no following of the Sunnah.

• Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) stated: “The bid‘i divorce is not valid, whether it is three in one word or three in separate words in one sitting.” (Majmū‘ al-Fatāwā, 33/11)
• Shaykh Ibn Bāz and Shaykh Ibn ‘Uthaymīn also ruled that three divorces given at once count as one raj‘ī divorce only if the husband intended one, but if they were pronounced in a state of anger without clear intention, they may be invalid altogether. In your case, a specific fatwa was given that they are invalid.

Therefore, those three divorces are as if they never happened. Your marriage was valid after that fatwa, and you cannot “revive” them by referring to them in a later statement.

3. Referring to past divorces in anger does not revive them

Your statement “since I previously said three divorces…” is a reference to the past, not a new pronouncement. It does not reactivate those invalid divorces. The principle in Islamic jurisprudence is:

“What is null and void cannot be revived except by a new, valid cause.”
(See al-Mughnī by Ibn Qudāmah)

4. The issue of anger

Anger does not automatically nullify a divorce. However, for a divorce to be valid, the husband must be sane and conscious of what he is saying. If the anger reached a level where he did not know what he was saying (e.g., extreme rage), the divorce does not count. But even if we assume your anger was controllable, you did not utter a divorce – you gave a right. So anger is irrelevant here.

5. Advice regarding OCD (waswasa)

You mentioned “OCD” in the title. This is a clear case of waswasa (whispers from Shayṭān). The Prophet ﷺ said: “Allah has forgiven my ummah for what whispers to them in their hearts, as long as they do not act upon it or speak of it.” (Bukhārī and Muslim)

Do not keep revisiting this issue. The marriage is valid. You have already obtained a clear fatwa from a Salafi mufti. Repeated questioning and doubt only harm your relationship and increase your psychological burden. Shaykh al-Albānī (may Allah have mercy on him) advised people with waswasa to ignore the whispers and treat them as if they never happened.

Final Ruling

• Your statement does not count as a divorce.
• It does not revive the previous three divorces.
• Your marriage is valid and intact.
• No action (like separation or reconciliation) is required.

And Allah knows best.