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The question

Does a divorce occur by saying, "Divorce by the number of three words," and prohibiting the wife threefold while angry, knowing that the wife has not left the house and refuses the divorce, and is asking for housing and maintenance for herself and her daughters?

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

The manner in which a divorce occurs depends on the intention of the one pronouncing the divorce. If he repeated the word "taliq" (divorced) without a conjunction and intended to emphasize it, then it is a single divorce. However, if he intended to initiate a new divorce with each utterance, then it is three divorces according to the majority of scholars. It is necessary to refer to the courts to rule on this matter.

If a divorce occurs thrice, the wife becomes irrevocably divorced (baynunah kubra) and is not permissible for him [to remarry] until she marries another husband with the intention of genuine marriage. However, if it was one or two divorces, she can be taken back (revoked) as long as she is within her waiting period ('), along with expiation for Dhihar if he intended to prohibit her to himself.

In the case of an irrevocable divorce ( ba'in), the wife is not entitled to maintenance, clothing, or housing, unless she is pregnant, in which case it is due to her until she gives birth. However, the maintenance of the children and related expenses are obligatory as long as they are poor and unable to earn a living.

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Ftawy
Original fatwa ID
46436
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