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The question

How many times has divorce occurred to the wife in the aforementioned cases, and what must the husband do to take her back?

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

What happened the first time was that the husband conditioned his wife's divorce on her leaving without his knowledge, and he intended the divorce. In this case, the divorce occurs by agreement. Swearing an oath of divorce is in the same حكم (legal ruling) as a conditional divorce. The رجعة (revocation of divorce) is valid if it occurs before the expiration of the waiting period (iddah).

In the second instance, the husband conditioned his wife's divorce on her lying to him. If the wife did indeed lie, divorce occurs according to the majority of jurists, even if the husband did not intend it. However, Ibn Taymiyyah held the view that it does not occur, and an expiation for a broken oath (kaffarat yameen) is required instead. The opinion of the majority is the one that is issued as a fatwa. As for the phrase "and she went out once without my knowledge," the first conditional divorce is dissolved by the first instance of her leaving, and the divorce is not repeated unless the husband intended for it to be repeated every time she left.

As for the third instance, divorce has occurred as long as the husband uttered the words of divorce. Anger does not prevent the occurrence of divorce if the person is aware of what he is saying. It is not possible to determine whether the wife has become irrevocably separated (banat) from the husband in these circumstances. It is preferable to consult a trusted scholar. Husbands are advised to exercise deliberation and not to use divorce pronouncements as a means to solve problems.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
139056
Imported
Translation status
Source text, unreviewed
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