Are the second and third divorce pronouncements permissible without intention, and is intention a condition for divorce, and is divorce by text message permissible, and can the husband take his wife back after these repeated pronouncements?
Scholars differ on the issue of whether khalwa (private seclusion) takes the place of dukhool (consummation). Accordingly, if intercourse occurred during khalwa, the divorce is revocable (raj'i), and the wife's return is valid. However, if no intercourse occurred, they differ on its ruling. Some consider khalwa to be like consummation absolutely or with restrictions, while others see no effect in it. Therefore, if the khalwa between the spouses is valid according to those who hold that view, then the return [of the wife] is valid.
Regarding divorce by writing, the fatwa with us is that it is an implicit expression (kinayah), and divorce takes effect if it was intended, or if it was uttered while writing. If neither of these occurred, then divorce does not take effect. Ascertaining the intention is up to the questioner. It must be known that it is impermissible to resort to trickery to waive the right of the children's father to custody, as it is a right for a Muslim that must not be violated.
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