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Is the wife considered to be irrevocably divorced (talaq bain) after her husband divorced her twice and took her back, then divorced her for the third time using an allusive expression (kinayah), saying: "If you do not return to my house within two days, then you are divorced," and she did not return, bearing in mind that he had sexual intercourse with her during the days he stipulated this condition?

1 min readAlso available in العربية

The statement by a man to his wife, "You are divorced," is an explicit pronouncement that effects divorce according to the majority of scholars, including the four schools of thought, if he breaks his oath.

Shaykh al-Islam Ibn Taymiyyah dissented, holding that only an expiation for a broken oath (kaffarat yamin) is required if the husband did not intend divorce but rather threat or an oath.

Based on the view of the majority, the wife becomes unlawful to her husband, and she does not become lawful for him until she marries another husband in a marriage of desire and he divorces her after consummation.

The majority also hold that sexual intercourse with the wife during the period of purity (tuhr) in which she was divorced does not prevent the divorce from taking effect.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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