What is the Islamic ruling regarding three instances of divorce by a severe oath (i.e., "by triple divorce"), and does the divorce take effect in each case or not, with details of the incidents: the first on the wife before consummation due to a problem with her mother, the second on the wife after consummation due to a problem with the family, and the third on the wife due to her unwillingness to engage in intercourse?
A wife's divorce before consummation is an irrevocable divorce, after which the husband does not have the right to take her back unless with a new marriage contract. Scholars have differed on whether seclusion (khalwah) takes the ruling of consummation, and consequently, whether the husband has the right to take her back during her 'iddah (waiting period). Divorce pronounced with the triple utterance (three times) counts as three divorces according to the majority of scholars. The general rule is that anger does not prevent the occurrence of divorce unless it reaches the point of losing awareness. If the fatwa allowing the wife's return without a new contract is based on the opinion that seclusion takes the ruling of consummation, or that a triple divorce counts as one (like the opinion of Ibn Taymiyyah), then the return is valid. As for swearing an oath by triple divorce, it is an oath according to the majority that cannot be broken, so if the husband breaks his oath, three divorces occur. It is advisable to resort to the Sharia court and to avoid swearing by divorce and anger.
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