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The question

Is it permissible to take back one's wife after officially divorcing her for the first time before the ma'dhun, knowing that the husband had sworn to divorce her three separate times over the past nine years?

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

Your question requires clarification: were the three divorces (talaqat) a divorce oath ( ) or not? And did you break it or not? Therefore, it is best to consult the court or Dar Al-Ifta ( Council).

Swearing by divorce (al-halif bi al-talaq) is a matter of scholarly disagreement regarding its occurrence. It is an innovation (bid'ah muhdathah) and one of the oaths of the dissolute (ayman al-fussaq).

Resolving marital disputes does not depend solely on divorce; there are other lawful means. Whether the divorce is officially registered or not does not affect its occurrence.

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Ftawy
Original fatwa ID
156597
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Source text, unreviewed
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