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The question

What is the ruling on a man who divorced his wife three times and swore to abstain from her as he would from his mother and sister eleven years ago, then denied that, then confessed and offered expiation, knowing that he did not give her a divorce paper, and is the eleven-year period considered a forbidden life? And is it permissible for the woman to file for Khul' (divorce at the instance of the wife)?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The phrase "You are divorced" may be repeated three times consecutively. In this case, if the intention was emphasis, only one divorce occurs. If the intention was to initiate divorce, or if there was no intention, then according to the majority of scholars, three divorces occur. The phrase "You are divorced thrice" may be uttered as a single statement, in which case three divorces occur according to the majority of scholars. The three divorces may also be separated, in which case three divorces occur if the second and third divorces take place during the waiting period () or after reconciliation. As for the husband's statement, "You are forbidden to me like my mother and sister," this incurs the expiation for ẓihār if the wife is still under his marital bond or within her waiting period. If three divorces have indeed occurred, the wife becomes unlawful to her husband and does not become lawful to him again until after another marriage. Sexual intimacy between them is forbidden, and she is not permitted to allow him to touch her. She must also ransom herself from him. The validity of divorce depends on its issuance by the husband, not on its documentation.

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Original fatwa ID
121583
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