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The question

Does a verbal triple divorce take effect, making cohabitation with the husband unlawful, if it is not documented and the couple reconcile after two years?

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

The phrase "you are divorced" without attributing it to the wife causes divorce if the husband intended to issue it. If he says "you are divorced, you are divorced, you are divorced" and intended one divorce or did not intend a number, then only one divorce is effected. If he intended three divorces, then three are effected according to the majority of scholars. However, if he says "you are divorced by three," then three divorces are effected according to the majority of scholars, whereas the view of Ibn Taymiyyah is that it is a single divorce. If he did not intend divorce, then it does not occur.

In the event that a triple divorce occurs, then the major separation (al-bainunah al-kubra) has taken place. If a single divorce occurs and the husband does not reconcile before the completion of the waiting period (iddah), then the minor separation (al-bainunah al-sughra) has taken place. Reconciliation is valid before the completion of the waiting period. The failure to document the divorce does not prevent its occurrence. The child, male or female, is attributed to the husband if born during a valid marriage or an invalid marriage believed to be valid. It is advisable to refer to a Sharia court or scholars of knowledge due to the complexity of the matter.

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Ftawy
Original fatwa ID
122838
Imported
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