Does a divorce occur when a husband says "you are divorced" three times at separate intervals, while claiming he does not recall the first times, and that his intention the last time was to pacify, not to divorce?
If a husband pronounces a triple divorce to his wife explicitly, then she becomes unlawful for him and is not permissible for him until she marries another husband willingly, and then he separates from her and her (waiting period) from him ends. The husband's claim that he did not intend divorce is not taken into account, because an explicit pronouncement does not require intention. The advises referring the matter to the court. If the wife is certain that the triple divorce has occurred but it has not been officially established by the court, then it is not permissible for her to remain with him, and she must seek to free herself from him through khul' (divorce at the wife's instance) or other means.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 120270
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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