He divorced his wife with three pronouncements before consummating the marriage; how can she become lawful for him?
If a wife is divorced with three pronouncements before consummation:
- If it was with a single utterance (e.g., "You are thrice divorced"): Scholars have differed. The majority holds that three divorces occur, resulting in an irrevocable major separation (baynunah kubra). Some scholars (like Sheikh Al-Islam Ibn Taymiyyah) believe that only one divorce occurs, resulting in a revocable minor separation (baynunah sughra).
- If it was with separate utterances (e.g., "You are divorced," "You are divorced," "You are divorced"): The majority of jurists hold that only one divorce occurs, resulting in a revocable minor separation, because a non-consummated wife becomes irrevocably separated with a single divorce and owes no ' (waiting period). Thus, the subsequent pronouncements do not apply to a wife.
The preponderant opinion is that only one divorce occurs in all cases of triple pronouncement.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 11702
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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