Is the divorce pronounced with the words "you are divorced, you are divorced, you are divorced" three times, which occurred two months after the husband's statement "you will receive the paper today," considered a major irrevocable divorce (baynunah kubra), and what is its legal ruling?
The husband's statement, "Go to your family's house, and the paper will come to you," is a veiled expression [kinayah]. If he intended divorce by it, then divorce occurs. If the waiting period ('iddah) expires before he revokes it [the divorce], then she becomes irrevocably separated from him. If he intended it as a promise of divorce or something else, then no divorce occurs by it. His subsequent written divorce unequivocally brings about a divorce and, according to the majority of scholars, effects a major, irrevocable separation (baynunah kubra). There is no return [to him] except after another marriage, consummation, and then divorce or death and the expiration of her 'iddah. If he did not intend to effect a divorce by the writing, then there is a difference of opinion regarding its occurrence. Some scholars are of the view that successive divorces without a [new] marriage contract or revocation are counted as a single divorce. It is advisable to present the matter to a Sharia court or to trusted scholars.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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