What is the ruling on one who repeatedly breaks oaths of divorce, and do these oaths take effect, or is there an expiation for them? And what is the ruling on the "seclusion" that occurred between the spouses? Does it count as a minor irrevocable divorce necessitating a new contract, or does the husband have the right to take his wife back?
Divorcing a wife before consummation or valid seclusion (khalwa sahiha) is an irrevocable divorce (talaq bain) in which the husband does not have the right to take her back except with a new contract, and scholars have reached a consensus on this. As for divorce after valid seclusion, it is revocable (raj'i) according to the Hanbalis, and irrevocable (bain) according to the majority of scholars if neither spouse claims intercourse. Valid seclusion is that in which sexual intercourse is usually possible. The presence of the spouses in a room where the entry of family members is not secure, or in a car, is not considered valid seclusion. Based on this, if you divorced your wife before valid seclusion, she has been irrevocably divorced from you, and you can marry her again with a new contract. However, if you divorced her three times with a single utterance, then she is irrevocably divorced with a major irrevocability (baynunah kubra).
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