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The question

Does a triple divorce take place or not if a man swears, saying: "I divorce you by three, I will not go to reconcile with her," then sends his wife a note asking her to come and reconcile with him, and she does so? And if the divorce takes place, can the wife be taken back without her knowledge?

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

The fatwa we adhere to is that a divorce suspended by the utterance of the word "triple" (or "thrice") results in three divorces, and the woman becomes irrevocably divorced (baynunah kubra). This is the view of the majority of scholars. Upon the breach of the oath, the three divorces occur, and the woman becomes irrevocably divorced, and the man does not have the right to take her back unless she marries another man. The breach of the oath depends on the intention of the one who swore it. If he intended to refrain from initiating conversation with her and then breached that, he has indeed breached his oath. However, if he intended to refrain from explicitly reconciling and apologizing, and did not intend to refrain from speaking or attempting reconciliation, then he has not breached it. We advise presenting this matter to trustworthy scholars.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
162915
Imported
Translation status
Source text, unreviewed
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