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The question

Is the first wife considered unlawful for the husband, or does he only owe expiation after he said to her: "You are divorced if any woman enters upon you, whether lawfully or unlawfully" three times, and he added to that "You are thrice divorced if any woman enters upon you, whether lawfully or unlawfully," and then he had intercourse with another woman after divorcing his second wife?

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

The husband's statement to his wife: "You are divorced if you bring any forbidden woman into your presence, whether lawfully or unlawfully" three times, is a conditional divorce that takes effect upon the fulfillment of the condition. The repetition of the condition depends on the husband's intention: if he intended emphasis, a single divorce occurs; if he intended establishment, three divorces occur. Regarding divorce pronounced three times, the majority of jurists hold that three divorces occur, while Sheikh Al-Islam Ibn Taymiyyah views it as a single divorce. To resolve these complex issues, it is advisable to consult a court or a trustworthy scholar.

Furthermore, several matters should be clarified: it is not permissible for the wife to abandon her husband or leave his house without his permission merely because he married another woman, nor is it permissible for her to demand the divorce of her co-wife. Marriage with a guardian and two witnesses is valid and not considered secret. The husband's sexual intercourse with his revocably divorced wife during her ' (waiting period) is considered a valid revocation of divorce by some jurists, while others stipulate the intention of revocation.

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Ftawy
Original fatwa ID
137914
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