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The question

1. Are the explicit divorce pronouncements uttered during a conversation prior to a divorce for absolution counted as part of the number of divorces, bearing in mind that the divorce is irrevocable? 2. Am I sinful for not informing my ex-wife of the incorrect divorce attestation date, and does this error affect her waiting period ('iddah)? 3. Is a guardian (wali) required for the marriage contract if I wish to take her back after a divorce for absolution?

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

Divorce in exchange for compensation (Ibra') is an irrevocable divorce ( Ba'in). Scholars have differed on whether it is to be appended to divorce or Khul', and regarding Khul', whether it is an annulment () or a divorce (Talaq). The most authoritative view is that the waiting period (') for it is like the waiting period for divorce, which is three menstrual cycles for women who menstruate.

If you had uttered an explicit divorce pronouncement that initiates divorce during your conversations with people before this divorce occurred, then it counts towards the number of divorces, because an explicit divorce takes effect even if said jokingly.

As long as the divorce has occurred irrevocably, it is not permissible to take the wife back (restitution). However, you are permitted to marry her again with a new contract and a new dowry, provided that you have not divorced her three times.

And Allah knows best.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
108295
Imported
Translation status
Source text, unreviewed
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