Is a husband's oath to divorce his wife considered a second divorce, and what is the ruling on him saying to her "You are divorced, divorced, divorced" three times in one sitting after her return from a previous divorce, and is this considered the third divorce that makes her unlawful to him?
If the husband swears by divorce () but does not intend to effect the divorce, or if he offers expiation for his oath, then the divorce does not occur. If he repeats the word of divorce on the last occasion and does not intend to effect more than one divorce, then one divorce occurs, and it is considered the second divorce, and he is permitted to take her back during her ' (waiting period). However, if he swore by divorce or intended to effect three divorces, there is a difference of opinion among scholars regarding the occurrence of the divorce. The majority view is that it occurs, while some scholars hold that it does not occur in the first instance and that only one occurs in the last. It is advisable to present these matters to trustworthy scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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