Does a divorce take effect by the husband's saying to his wife: "Each of us goes our own way" or "You can marry someone else"? What is the ruling on his saying to her: "You are divorced, you are divorced" in the same sitting, while he believes it to be a single divorce? Are intensified oaths such as "By Allah, and by Allah, and by Allah, I will not go back on your decision," which his wife responded to with "yes," considered a divorce? Can the husband take back his wife in these cases?
Your statements to your wife, "Each of us goes our separate way," "You can marry someone else," "You want to go your own way," and "Everything is over," are kīnāyah (allusive or ambiguous) divorce statements, which do not effect a divorce unless accompanied by the intention to divorce. However, your statement, "You are divorced, you are divorced," is a ṣarīḥ (explicit) divorce statement.
If you had not consummated the marriage with your wife, then the first pronouncement of divorce would have dissolved the marriage, and the second would not have had any effect. In this case, you are permitted to remarry her with a new marriage contract.
If you had a valid khalwah (private seclusion) with her, some scholars consider it equivalent to consummation. According to this view, you are permitted to reconcile with your wife during her iddah (waiting period) without a new contract. The preponderant opinion according to us is that of the Hanbali school, which affirms the validity of reconciliation after a valid khalwah. Therefore, you may reconcile with your wife by saying, "I have reconciled with my wife." It is preferable to have witnesses for the reconciliation.
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