What is the ruling regarding a man who told his wife, "You are divorced," before consummation, then after consummation told her, "By divorce, you will not spend the night in the house," but she did spend the night, and then he told her, "You are divorced"?

If a man divorces his wife before consummating the marriage or before a valid private seclusion (khulwa sahiha), she becomes irrevocably separated from him by the first divorce and is not permissible for him except through a new marriage contract and a new dower. If he takes her back without renewing the contract, this return is invalid, and she must separate from him immediately until he performs a new marriage contract with her. In this case, he will still have two divorces remaining.

However, if he had taken her back with a new contract and consummated the marriage, or had a valid private seclusion with her before his first divorce, then he has the right to take her back before the expiration of her waiting period (idda). Any subsequent divorce after that will be effective, and consequently, she would have been divorced three times and become irrevocably separated from him by a major irrevocable divorce (baynunah kubra).

Regarding the second divorce pronounced in the form of an oath, the majority of scholars hold that it is effective, and this is the fatwa.

It is advisable to consult trustworthy scholars for further clarification.