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The question

Has this husband exceeded the permissible number of divorces for his second wife, given that the first divorce occurred before consummation based on a condition set by the first wife, the second divorce occurred while the wife was pregnant due to her refusal to abort, and the third divorce was issued immediately by the Ma'dhun as a third divorce on top of the second, after which the wife married a sham muhallil to return to her first husband?

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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 divorce document is issued without uttering the words of divorce or intending it, then the divorce does not take effect. This is contrary to the case where the words of divorce were uttered or intended along with writing; in this case, the undelivered wife becomes irrevocably divorced, and it is not permissible to return to her except with a new contract. If the return is without a new contract, then it is void, cohabitation is forbidden, and any subsequent divorce does not take effect. However, if the return was with a new contract and two divorces occurred, then the wife has become irrevocably divorced with a major irrevocation, and she is not permissible for her first husband unless she marries another man willingly (not for the purpose of making her lawful for the first husband), and he consummates the marriage with her, then divorces her, and her waiting period ends. Marriage for the purpose of making her lawful (for the first husband) without consummation is void and forbidden, and it does not result in the wife becoming lawful for the first husband. If a woman is divorced three times, then it is obligatory to separate from her, and she is not lawful for him إلا after a valid marriage to another man, consummation, then divorce, and the expiration of her waiting period. It is advisable to refer to the Sharia court to decide on the matter, and not to proceed with divorce issues without knowing the Sharia ruling. Divorce takes effect by uttering its words as long as one comprehends their meaning, regardless of whether the marital relationship was good or bad, or whether there was no intention. Abortion is not permissible except out of necessity.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
107126
Imported
Translation status
Source text, unreviewed
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