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The question

Is the divorce that occurred before consummation counted as one of the three divorces, and can the husband take back his wife after he has divorced her three times, one of which was before consummating the marriage with her?

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

If a man divorces his wife with one pronouncement of divorce before consummation, or divorces her after consummation and does not take her back during her ' (waiting period), and then he remarries her without her having married another man, she returns to him with the remaining pronouncements of divorce (two pronouncements). Ibn Qudamah stated that if a divorced woman returns to her first husband after a divorce of less than three pronouncements, without having married another man, she returns to him with the remaining pronouncements of divorce, and there is no disagreement among scholars on this point. However, if he divorces her with less than three pronouncements, and she completes her 'iddah and marries another man, and then returns to her first husband, there are two narrations from Ahmad: one is that she returns to him with the remaining pronouncements of divorce, and the other is that she returns to him with three pronouncements of divorce. Accordingly, if the wife does not marry another man after the first divorce, then after the second marriage contract, she has two pronouncements of divorce remaining. If he divorces her twice, she becomes irrevocably divorced from him, and she is not lawful for him until she marries another man in a marriage of desire, and then he divorces her or dies.

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Original fatwa ID
10636
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