Is the new marriage contract void and the wife permissible for the questioner, given that he divorced her three consecutive times in one go, even though he was unaware of the Shariah ruling?
If a husband repeats the word of divorce for emphasis, and does not intend to effect more than one divorce, then it is counted as a single divorce. However, if he intends to effect more than one divorce, then all of them take effect according to the majority of scholars. If he has no specific intention, the ruling differs according to the phrasing. For example, the statement: "You are divorced, divorced, divorced" effects a single divorce, whereas the statement: "You are divorced, you are divorced, you are divorced" effects three divorces. If the husband's intention is not clear, then the apparent meaning is to consider the repetition. Some scholars hold that consecutive divorces without a new marriage contract or return (to the wife) are counted as a single divorce, regardless of the husband's intention. Due to the detail and disagreement surrounding this issue, it is advisable to present it to a court or trusted 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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