Is the sister considered a wife to her husband, who divorced her three separate times while she was pregnant with their second child, and then claimed that he took her back and atoned for his oath without her knowledge after he was released from prison?
The majority of scholars hold the view that if a husband divorces his wife three times, she becomes irrevocably separated from him (baynunah kubra), and she does not become lawful for him again until she marries another man, and then that man divorces her or dies, and her waiting period (iddah) from him ends. This applies whether the divorces were consecutive or separate.
However, according to the madhhab of Sheikh Al-Islam Ibn Taymiyyah, divorces that were not interspersed with a return (to the marital relationship) are counted as a single divorce, and the husband has the right to take his wife back before the expiry of her waiting period (iddah).
In the event that the husband claims to have taken her back after the expiry of the iddah, and the wife denies it, then the wife's statement is to be accepted. If there is a dispute, the matter must be presented to a Shariah judge for resolution.
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