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The question

Does an irrevocable divorce take place if the husband says to his wife, "You are divorced" three times at different times without intending divorce, and this is not registered with the marriage official, and what is required to be done?

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

The phrase "أنت طالق" (You are divorced) is an explicit declaration of divorce that does not require intention for it to take effect. If the husband utters it three times at different intervals, then a triple divorce occurs, and the divorce becomes irrevocable (baynunah kubra). The second and third pronouncements of divorce must occur during the waiting period () or after a resumption of marital relations (rajah). However, if fewer than three divorces have occurred, the husband may take his wife back before the completion of her iddah; otherwise, she is not lawful for him except through a new marriage contract. Divorce takes effect merely by the husband uttering it, and its documentation is not a condition. Sheikh al-Islam Ibn Taymiyyah held the view that divorce does not occur if it is pronounced during menstruation, postpartum bleeding (), or a period of purity (tuhr) in which intercourse has taken place, or if it exceeds the first pronouncement when uttered multiple times within a single tuhr. However, the prevailing juristic opinion (al-mufta bihi) is that divorce takes effect in all these cases.

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Ftawy
Original fatwa ID
129822
Imported
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