Does the divorce of a doubtful person, who responded to his wife by gesturing and saying "yes" when she asked him, "Did you divorce me with three [talāqs]?", take effect, knowing that doubt about his intention to divorce had been nagging him since the incident occurred, and did not arise recently, as he previously informed the Mufti?

If the husband says "yes" in response to his wife's statement, "You divorced me with a triple divorce," this is considered an explicit divorce that does not require an intention, because an explicit answer replaces the repetition of the question.

However, if there is a contextual indicator suggesting that divorce was not intended, such as if the woman is tied up and her husband says to her, "You are divorced," meaning from her bonds, then he is held accountable for this before Allah Almighty.

Similarly, if the wife's statement "You divorced me with a triple divorce" means that he left her company, and the husband's answer "Yes, I divorced you with a triple divorce" means that he left her company, then no divorce occurs thereby between him and Allah, due to his not intending divorce.

Doubt regarding divorce does not necessitate it, because the اصل (fundamental principle) is the continuation of the marriage and its establishment with certainty, so it is not removed by doubt.