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The question

Does a triple divorce take effect if pronounced by the husband under duress, and with the intention of not bringing about the divorce?

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

The insistence of the wife and son is not considered a valid duress that invalidates divorce, for duress is by severe threat such as killing or beating. A clear divorce does not require intention for it to occur. Also, divorcing a wife during a period of purity in which he had intercourse with her is effective, and divorcing with the triple pronouncement counts as three divorces according to the majority of scholars. Therefore, if you pronounced divorce to your wife three times, she has become irrevocably separated from you, and it is not permissible for you to remarry her unless she marries another husband, consummates the marriage with him, and then he divorces her or dies, and her waiting period expires. The waiting period for a divorced woman is three menstrual cycles, or three months for those who do not menstruate, and delivery for a pregnant woman. It is advisable to present the matter to trustworthy scholars.

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Ftawy
Original fatwa ID
183656
Imported
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Source text, unreviewed
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