Does a triple divorce apply to a wife who has not been consummated, merely by virtue of the marriage contract?
If a man divorces his wife with three separate pronouncements (e.g., “You are divorced, divorced, divorced”) before consummating the marriage, a single irrevocable divorce occurs according to the majority of scholars, because she becomes irrevocably divorced with the first pronouncement.
However, if he divorces her with three pronouncements in a single utterance (e.g., “You are thrice divorced”), the majority of scholars hold that all three divorces occur. Some scholars, however, maintain that only a single divorce occurs, but it is a minor irrevocable divorce, and she becomes lawful for him again through a new marriage contract. This is the view chosen by Sheikh al-Islam Ibn Taymiyyah and a group of contemporary scholars.
According to the second opinion, if you divorced your wife before consummating the marriage with three pronouncements in a single utterance, she becomes irrevocably divorced from you with a minor irrevocable divorce. She will not be lawful for you again except through a new marriage contract and a new dowry, and you will still have two divorces remaining.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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