Are the subsequent two divorces counted if a man divorces his wife with whom he has consummated the marriage after he had divorced her before consummation and thought that he could take her back, so he took her back and then consummated the marriage with her?

If a man divorces his wife with a single pronouncement before consummation or khalwa (private seclusion), she becomes irrevocably separated from him, and she is not lawful for him again except through a new marriage contract. He has no right of rajʿa (restitution) over her due to the absence of an ʿidda (waiting period). This is by scholarly consensus.

If he then has intercourse with her after this divorce, his act is considered zina (unlawful sexual intercourse), and separation between them is immediately incumbent. The subsequent two divorce pronouncements are not taken into consideration. Nevertheless, he is not subjected to the hadd punishment due to shubha (doubt), as he believed her to be lawful for him. However, he is sinful for his negligence in seeking knowledge, and he must repent. The children who may result from this intercourse are attributed to him and inherit from him by the consensus of Muslims, even if the marriage was invalid in reality.