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The question

Is the husband's saying, "You are divorced, you are divorced, you are divorced" three times considered a major irrevocable divorce (talaq bain baynunah kubra) or a minor one (sughra), and is iddah (waiting period) obligatory for the wife, and how can one atone for the sin of previous fornication?

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

The suitor is a stranger to his fiancée, and laxity between them may lead to committing indecency. One must repent immediately from the indecency that has occurred.

As for the marriage of an adulterer to the woman with whom he committed adultery, scholars have differed regarding its validity. However, as long as the marriage has taken place, it proceeds based on the opinion of those who deem it valid.

Divorce after a valid seclusion (where intercourse is usually possible and the entry of a third party is secure) necessitates the iddah (waiting period) for the woman. However, if seclusion did not occur, she is not obligated to observe the iddah.

The husband's statement, "You are divorced, you are divorced, you are divorced," issues three divorces, unless he intended to emphasize the first, in which case one divorce occurs. Ibn Taymiyyah chose the occurrence of one divorce in all cases.

If seclusion did not occur, one divorce takes place, and the woman becomes irrevocably divorced by it. The second and third statements are not considered, as they do not apply to a valid subject.

It is advisable to speak directly with a scholar or consult an Islamic center to clarify the matter due to its details. It is also advised to be cautious of solving marital problems through divorce.

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Ftawy
Original fatwa ID
192680
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