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The question

Is a wife considered irrevocably divorced by triple repudiation if her husband said to her, "If I do not return home before sunrise, I consider myself irrevocably divorced by triple repudiation," and he did not return? And does a divorce take effect if the husband divorces his wife by triple repudiation over the phone and repeats it more than once? And are all of a person's paternal uncles considered his brothers if his mother breastfed his paternal aunt along with him?

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

This issue should be brought before the courts or discussed directly with scholars due to its complexity. The husband's statement is one of the ambiguous expressions of divorce (kinayat al-), and divorce does not occur by it unless the husband intended it, alongside the disagreement among scholars regarding conditional divorce and the immediate occurrence of triple divorce. If the husband intended to effect divorce upon the fulfillment of the condition, then his wife is irrevocably divorced from him, and cohabitation after that would be zina (fornication/adultery). The phone divorce is null and void because it did not take place with a valid subject. If he did not intend divorce, or if one follows the opinion that considers triple divorce as a single divorce, then cohabitation is not zina, as she is either still under his marital bond or it is a single revocable divorce, and reconciliation can occur through intercourse during the waiting period (). In this case, the phone divorce would be valid, and the ruling for triple divorce would apply to it. As for the paternal uncles whom the mother did not breastfeed, they are not considered brothers through suckling.

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Ftawy
Original fatwa ID
89696
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