Does the divorce I issued to my wife twice count, considering that the first time was with an oath of divorce repeated three times with the intention of threat, and one divorce occurred, and the second time was by repeating the phrase "you are divorced" twice with the intention of threat and extreme anger, and is it permissible for me to take her back into my custody?
Swearing by divorce is not permissible. Detailed ruling on conditional divorce pronounced three times, contingent on the wife staying at home:
- If the pronouncements were multiple: If you intended a single divorce with the first utterance and meant the subsequent utterances as confirmation, then a single divorce is binding upon you. If you intended three divorces, then three are binding upon you. If you did not intend confirmation or a new pronouncement, then it is one divorce if uttered in a single session, two if in two sessions, and three if in three sessions.
- If the condition was with a single utterance: Divorce occurs three times according to the majority of scholars, and the wife becomes unlawful to you until she marries someone else. Sheikh al-Islam Ibn Taymiyyah holds that an expiation for an oath is binding if you did not intend divorce.
In the case where three divorces are binding, your intimacy with your wife is unlawful, and your taking her back is not valid.
If the divorce is less than three, reconciliation is valid before the completion of the waiting period ('iddah). Regarding your statement to her father, "Your daughter is divorced," twice: if you intended two divorces, they occurred. If you intended one and repeated the word for emphasis, then it is one. Explicit divorce occurs without the need for intention.
The divorce of an angry person does not occur if he is unaware of what he is saying; otherwise, it is effective.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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