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The question

Have three divorces occurred after the husband said, "You are divorced, divorced, divorced," and then said, "Also divorced," knowing that he had told her, "You are divorced, divorced, divorced" three years ago?

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

If a husband says to his wife: "You are divorced, divorced, divorced," and he intends to issue three divorces, then she is divorced with three divorces and becomes irrevocably separated from him with a major irrevocable divorce (baynunah kubra). If he did not intend more than one divorce, then only one divorce occurs. This is the opinion of the majority of scholars.

Ibn Qudamah said in Al-Mughni: If he intended affirmation (tawkid), it is accepted from him. If he intended the occurrence [of each] and repeated the divorces, then three divorces occur. If he did not intend anything, then only one divorce occurs.

As for the husband's statement: "And also divorced," this is clearly an initiation of divorce. So, whether he intended the repeated occurrence of divorce or affirmation, he has issued three divorces.

While the relied-upon opinion is that a major irrevocable divorce occurs, Sheikh al-Islam Ibn Taymiyyah holds that a triple divorce pronounced at once counts as one divorce. He also holds that consecutive divorces pronounced before a new marriage contract or a return (to the wife) do not result in more than one divorce.

The husband is advised to consult trustworthy scholars at an Islamic center or elsewhere to act upon their .

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Original fatwa ID
177888
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