What is the ruling on a man divorcing his wife three separate times in anger with the intention [of divorce], and then linking her return to her not becoming pregnant, knowing that he had divorced her jokingly before that?
A man's statement to his wife, "You are divorced," effects a divorce whether he is serious or joking. His saying, "She is divorced, divorced, divorced," is considered a triple divorce if he intended repetition. His statement, "If she is not pregnant, she will not return," with the intention of divorce, is a suspension of divorce on her not being pregnant, and the divorce has taken effect with her menstruation. Based on this, the majority of scholars hold that this woman has become irrevocably divorced from her husband with a major separation (baynunah kubra), and he is not permitted to take her back. He must separate from her immediately. It is recommended to present the matter to a Sharia court or to trusted scholars.
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