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The question

Does a divorce take place and is this considered the second divorce after the husband swore by divorce upon his wife if she smoked a shisha and she did, then he swore by it upon her again if she raised her voice or cursed the children and she did?

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

Divorce before consummation and privacy is an irrevocable divorce, and the husband does not have the right to take her back except with a new contract and a guardian. If the new marriage contract was concluded without a guardian, and the husband believed in the validity of the marriage according to the of Abu Hanifa, then the contract is valid, especially after a long period has passed. Consequently, the second divorce occurred to the wife, and the husband has the right to take her back before the expiration of her . This is the we follow regarding divorce by oath, and it is the view of the majority of scholars.

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Ftawy
Original fatwa ID
130393
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