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The question

Does the divorce issued by the husband with his words to his wife: "You are divorced by three" after a violent quarrel and her insistence on divorce, take effect, knowing that she was pure after intercourse?

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

If a husband divorces his wife with a triple pronouncement in a single utterance, the major, irrevocable divorce (al-baynunah al-kubra) occurs according to the majority of scholars, including the four Madhahib. She does not become lawful for him again until she marries another husband willingly, not for the purpose of making her lawful (tahlil), and he divorces her after consummating the marriage. The triple divorce pronounced during a period of purity in which intercourse occurred is valid according to the majority. As for the view that it is an innovative (bid'i) and non-binding divorce, that is the opinion of Sheikh al-Islam Ibn Taymiyyah and those who agreed with him, but the preponderant view is that of the majority. It is important to note that a wife is not permitted to seek divorce without a legitimate Shar'i excuse, based on the saying of the Prophet (peace be upon him): "Any woman who asks her husband for divorce without any real cause, the scent of Paradise will be forbidden to her."

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Ftawy
Original fatwa ID
122905
Imported
Translation status
Source text, unreviewed
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