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The question

Does a verbal divorce take effect after more than seven months without the wife's return, and is a divorce enacted by the mazoun (official capable of solemnizing marriages and divorces) counted as two divorces or one, especially given the presence of a threat and explicit wording in the first divorce?

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

Our regarding swearing by divorce and conditioning it upon a stipulation is that divorce occurs upon breaking the oath, absolutely. So, if the wife does not return at the time you intended, the first divorce takes place. As for swearing by triple divorce, upon breaking the oath, a single divorce occurs if you did not intend more. Repeating the oath without intending to repeat the divorce does not result in more than one divorce according to the most preponderant opinion, if more was not intended. If these were the only two divorces, then it is permissible to take the wife back during her (waiting period), or by a new contract after its expiry. However, if she was divorced three times, then your wife has become irrevocably separated from you with a major separation, and she is not lawful for you until she marries another man and he consummates the marriage with her, then he divorces her or dies. According to the of Ibn Taymiyyah, divorce does not occur by swearing or conditioning if divorce was not intended, but rather intimidation or affirmation. Given the ambiguity of the matter and the disagreement therein, we advise presenting it to the court or to trustworthy scholars.

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Ftawy
Original fatwa ID
148989
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