Does divorcing my wife by saying, "You are divorced, divorced, divorced," necessitate a ḥalīl (legalizer), or is it considered a single divorce?
When a man says to his wife: "You are divorced, divorced, divorced," it constitutes a single divorce, unless he intended thereby three divorces. If he intended emphasis (tawkeed), it is accepted from him. If he intended to effect three divorces, then three divorces occur. If he did not intend anything, then a single divorce occurs.
If it is a single divorce, it is a revocable divorce, and the husband can take his wife back as long as she is within her waiting period () without a new contract. If the waiting period ends, then a new contract is required.
If the husband intended three divorces, then she has become irrevocably separated from him by a major separation (baynunah kubra), and she is not lawful for him until she marries another husband a marriage of genuine desire and he consummates the marriage with her truly, and then he divorces her. Marriage with the intention of making her lawful (tahleel) is not permissible.
The reference point in all of this is the husband's intention when uttering the divorce. One should be cautious about rushing into divorce due to the regret that often results from it.
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