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The question

Is the divorce that occurred between the spouses void, and if the husband wishes to take his wife back, does he need a new contract?

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

The ruling on a husband repeating the phrase "You are divorced, you are divorced, you are divorced" depends on his intention. If he intended to issue three divorces, then three divorces occurred, and his wife becomes unlawful for him until she marries another husband, consummates the marriage with him, and then he divorces her, and her waiting period ends. If he intended only one divorce and repeated it for emphasis, or if he had no specific intention, then only one divorce occurred.

If the wife has given birth after this divorce, her waiting period has ended. Her husband cannot take her back except through a new marriage contract that fulfills all conditions. It should be noted that obedience to a mother in divorcing one's wife is not obligatory unless there is a legitimate Islamic justification. And a son marrying his ex-wife without his mother's consent is impermissible only if the mother's refusal is merely out of stubbornness.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
156898
Imported
Translation status
Source text, unreviewed
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