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The question

Are the talaqs that occur before consummation taken into consideration?

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

Divorce before consummation is recognized religiously and takes effect because the marriage contract has been validly concluded.

If there is a single divorce before consummation, it is a minor irrevocability (baynunah sughra). The divorced woman does not become permissible for her husband again except through a new contract, because a revocable return (raj'ah) occurs during the waiting period (), and there is no waiting period before consummation.

If the divorce is thrice with a single utterance, it is a major irrevocability (baynunah kubra), and she becomes unlawful for him until she marries another husband in a marriage of desire and then he divorces her. This is the view of the majority of scholars. However, Shaykh al-Islam Ibn Taymiyyah and those who agreed with him held that only one divorce takes effect.

If the divorces occur in separate sessions, the wife becomes irrevocably divorced by the first utterance only, and what follows it does not take effect due to the cessation of the marital bond. This ruling is also held by the Shafi'is and Hanafis if the utterances were distinct and consecutive.

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Ftawy
Original fatwa ID
114672
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