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The question

Has the wife become irrevocably divorced from her husband after he uttered divorce pronouncements on three separate occasions, with no intention of divorce on the first two occasions, and the intention of a single divorce on the third occasion, which occurred while the wife was menstruating?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

One must not be lenient in uttering divorce, for it is a mockery of Allah's rulings.

Your statement to your wife, "If you would be happy to be divorced and relieved, then you are divorced," necessitates divorce according to the majority of scholars if the wife expresses her relief. However, Ibn Taymiyyah considers it an expiation for an oath.

The phrase "You are divorced unintentionally" – if it was a slip of the tongue, then there is nothing in it. But if you intended to utter it without the intention of effecting divorce, then it is effective.

Your saying "You are divorced, you are divorced, you are divorced" with a single intention results in one divorce.

Divorce during menstruation is valid according to the majority of scholars, while Ibn Taymiyyah holds that it does not occur.

The message "Do not call me because you are divorced" – if it was intended to inform about a previous divorce, then there is nothing in it. But if it was intended to initiate a new divorce, then one divorce is necessitated, unless it was a major irrevocable divorce.

If three divorces became necessary for you, then your wife has become irrevocably divorced from you with a major separation, and she is not lawful for you until she marries another man and he consummates the marriage with her, and then he divorces her.

If the number of divorces is less than three, then you can take her back before the end of her waiting period (iddah).

It is advisable to refer to a Sharia court or consult trustworthy scholars directly to elaborate on what has transpired from you.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
122997
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