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The question

What is the ruling on the divorce of one who said to his wife before consummation: "If you go to your paternal great-uncle's house, you are thrice divorced," with the intention of intimidation, then said to her after three and a half months of marriage: "You are divorced, divorced, divorced," with the intention of divorce, knowing that the wife is pregnant? Does this count as two divorces or one, and what must he do to take her back?

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

If you made your wife's triple divorce conditional on her going to her uncle's house, and she did go, then a triple divorce has occurred according to the majority of scholars, even if you only intended to scare her. By this, she has become irrevocably divorced from you (baynunah kubra), and she is not lawful for you until she marries another husband, he consummates the marriage with her, and then he divorces her. However, according to the of Shaykh al-Islam Ibn Taymiyyah, a conditional divorce does not occur if you did not intend its occurrence, and an expiation for an oath (kaffarat ) is sufficient for you. And a repeated triple divorce, according to his madhhab, counts as one divorce, and you may take her back before she delivers her baby.

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Ftawy
Original fatwa ID
114573
Imported
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