Do consecutive pronouncements of divorce by the husband, who verbally divorced his wife twice, take effect, knowing that he did not officially document the divorce, and the wife did not leave the home during both iddah periods?
The relied-upon is that if a husband says "You are divorced, divorced, divorced" and intends three divorces, then the wife becomes irrevocably divorced (baynunah kubra). If he does not intend multiplicity, then it is considered a single divorce. Divorce during menstruation is an innovated divorce (bid'i), but it is considered valid by most scholars.
If your husband divorced you once with the aforementioned صيغة ( صيغة - utterance/wording) and then took you back, and then divorced you a second time, he had the right to take you back during your (waiting period), and your consent or knowledge of it is not a condition.
If he took you back verbally or by action before your iddah expired, then you have returned to his marital bond (ismah). However, if he did not take you back until your iddah expired, then you have become separated from him, and he does not have the right to take you back except with a new marriage contract.
It is advisable to present the matter to the court or to trustworthy scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 137688
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- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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