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The question

What is the ruling of Islamic law regarding repeating the phrase "You are divorced" three times during an argument with one's wife?

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

Divorce depends on the intention of the one divorcing. If, by the phrase "You are divorced, divorced, divorced," he intended one divorce with emphasis, then one divorce is binding. However, if he intended to initiate divorce with each utterance, or if he had no specific intention, then three divorces are binding, provided the divorce occurred after consummation.

If one divorce is binding, the wife can be taken back before the expiration of her waiting period (). However, if three divorces are binding, the wife becomes unlawful for the divorcer until she marries another husband and he consummates the marriage with her, and then divorces her. Some scholars have favored the binding of only one divorce.

If the divorce occurs before consummation, only one divorce is binding, by which the wife becomes irrevocably divorced (baynunah sughra), and she does not become lawful again except through a new marriage contract.

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Original fatwa ID
157479
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