What is the ruling regarding divorcing the second wife three times, some of which was with the intention of threat and conditional upon a stipulation, and some of which was explicit? And what is the extent of the husband's intention's impact on considering it the final divorce? And can the husband take back his wife after Dar Al-Ifta’ issued a fatwa that the first divorce did not occur?
Most scholars are of the view that whoever swears an oath by divorce and then breaks it, his wife is divorced, whether he intended to enact the divorce or to threaten. Some, like Ibn Taymiyyah, are of the opinion that if he intended to threaten, then an expiation for an oath is due, and the divorce does not occur.
The relied-upon Sharia ruling here aligns with the view of the majority. This means that the wife has been divorced three times and has become irrevocably separated. It is not permissible for him to take her back unless she marries another man, consummates the marriage with him, and then he divorces her or dies, and her waiting period expires.
However, there is no harm in adopting the view of some scholars as long as the person feels comfortable with it. The husband's belief that three divorces occurred before seeking a fatwa does not prevent acting upon the opinion of scholars who rule that some of the divorces did not occur.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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