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The question

Does divorce occur three times if the husband said to his wife, "You are divorced," on separate occasions, after having taken her back through marital relations?

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

It appears that you have divorced your wife three times, and that the second and third divorces occurred after a valid return (rujūʿ). Therefore, your wife is unlawful for you until she marries another man in a valid marriage and he then divorces her after consummation. The wording of the first divorce was not specified. Resumption of marital life (rujūʿ) through marital intimacy without the intention of returning to the marriage is valid according to the Hanbalis and Hanafis. With intention, it is considered a rujūʿ according to the Malikis. However, according to the Shafi'is, rujūʿ does not occur through action, even with intention. According to the view that rujūʿ did not occur after the second divorce, the third divorce is not effective if it took place after the completion of the waiting period (ʿiddah) from the second divorce.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
116380
Imported
Translation status
Source text, unreviewed
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