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The question

Is it permissible for a man to take back or marry a woman he divorced with three pronouncements in a single session, ten days after the marriage, and without having consummated the marriage?

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

The majority of scholars, including the four schools of thought, hold that a triple divorce uttered in a single session counts as three divorces. So, if a man divorces his wife three times in one session, she becomes unlawful for him and cannot return to him until she marries another man in a valid marriage and he divorces her after consummating the marriage.

However, if the husband utters a triple divorce in a single word, even if there was no valid seclusion (khalwa shar'iyya), the wife is considered to have had a major irrevocable divorce (baynunah kubra) according to the majority, and she is not lawful for him until after she marries another husband. Sheikh al-Islam Ibn Taymiyyah mentioned that a triple divorce, whether before or after consummation, is the same in establishing this prohibition according to the four imams.

According to the view of Sheikh al-Islam Ibn Taymiyyah, a triple divorce is considered a single divorce, and renewing the marriage contract with the wife is sufficient. The preponderant view is that of the majority. Valid seclusion (khalwa shar'iyya) takes the place of consummation. It is advisable to refer the matter to a Sharia court.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
150436
Imported
Translation status
Source text, unreviewed
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