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The question

What is the ruling on one who divorced his wife three times in a single utterance after having divorced her once previously, knowing that he intended to divorce her thrice?

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

We understand that your husband divorced you twice. The second divorce, which he repeated three times, does not take effect if it occurred after your waiting period () from the first divorce had ended without him taking you back (raj'ah), and you do not become lawful for him except through a new marriage contract. Your waiting period ends upon purification from the third menstrual cycle, or upon giving birth, or after the passage of three months, depending on your situation.

If the second divorce occurred during the waiting period or after he had taken you back, then your husband's intention must be considered: - If he intended to emphasize or had no specific intention, then one divorce is binding, and he may take you back. - If he intended to pronounce the divorce with the three phrases, then three divorces are binding according to the majority of scholars, and you are thereby unlawful for him until you marry another man in a marriage of desire, and then he divorces you after consummation.

Shaykh al-Islam Ibn Taymiyyah held the view that only one divorce is binding when a triple divorce is repeated. However, the preponderant view is that of the majority of scholars.

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Original fatwa ID
113910
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