What is the ruling on one who divorced his fiancée with three pronouncements while in a state of severe anger before consummating the marriage, and then wished to take her back?
If the fiancée has not yet had the marriage contract (aqd) solemnized, then divorce does not apply to her, because divorce only occurs after marriage. If, however, the fiancée has had the marriage contract solemnized but the marriage has not yet been consummated, then her divorce is an irrevocable (bā’in) one. If the divorce is less than three pronouncements, the husband cannot take her back except with a new contract. But if he divorces her three times, she becomes irrevocably separated (baynūnah kubrā), and she is not lawful for him unless she marries someone else. The preponderant opinion is that divorcing an unconsummated wife three times occurs if it is pronounced with the word "three," or with successive pronouncements without separation, and he intended thereby three. However, if he repeated the word of divorce but did not make them a single sequence, then only one divorce occurs, and he has the right to marry her with a new contract. According to Ibn Taymiyyah, no matter how many times divorce is repeated without a return (raj‘ah) or a new contract, it counts as one. Anger does not prevent the occurrence of divorce unless it completely removes the person's awareness.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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