Does divorce occur in the following situations: first, with the intention of threat without witnesses; second, with the words "you are divorced" during an argument and in a period of purity during which intercourse occurred; and third, a divorce that fulfills all its pillars and takes place during the 'iddah period?
A marriage contract is concluded with the presence of the guardian, two just witnesses, and a formula indicating the contract. As for divorce, your saying to your wife: "You are divorced" entails one divorce, and it is not permissible to intend anything other than divorce by it. Your saying: "Today you will not spend the night under my custody" is not considered a divorce unless you intended divorce by it; otherwise, it is a threat. Divorce occurs simply by uttering the words and does not depend on witness testimony. Reconciling is valid without witness testimony according to most scholars.
As for the second case, which is your saying: "If you want this, you are divorced," this is a suspension of divorce on her desire. If she desires it, the divorce occurs. This divorce is considered an innovated divorce (talaq bid'i) if it occurs during a period of purity in which intercourse took place, but it is valid according to the majority of scholars.
As for the third case, if the third divorce occurred during the waiting period (iddah) from an innovated divorce (talaq bid'i), it is valid according to the majority. If the total number of divorces that have occurred is three, she is forbidden to you until she marries another husband in a valid marriage. However, if the divorces that have occurred are less than three, you may reconcile with her before her waiting period is complete. We advise you to consult a Sharia court to examine the details of your situation.
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