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Does a divorce occur if a man says to his wife’s brother, "If my wife is not present on Friday, she is divorced," and she is not present on Friday with the intention of divorce, knowing that this is the third divorce?

1 min readAlso available in العربية

If a man divorces his wife three times, she becomes irrevocably separated from him (baynunah kubra). He is not permitted to marry her again unless she first marries another man in a desired marriage, consummates the marriage, and then is separated from him either by divorce, death, khul‘ (divorce at wife’s request), or annulment. This is based on the Almighty's saying: "Divorce is twice. Then, either keep [her] in kindness or release [her] with good treatment," and "And if he has divorced her [for the third time], then she is not lawful to him afterward until she marries another husband." There is no way out for this man according to those who consider swearing by divorce to be an expiable oath, because they hold that the divorce takes place if he intended it as such.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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