Did the triple divorce take effect upon the husband's saying: "You are divorced, divorced, divorced" in the same sitting? And does divorce take effect by threatening with it, such as: "If you go to your family... my mother said you would be divorced? He said yes"? Is it permissible to follow the fatwa of a shaykh regarding the occurrence of the first divorce if it adheres to the four madhhabs, knowing that the questioner was previously aware of the ruling of the four madhhabs?
Disputes between spouses regarding divorce and its consequences must be adjudicated by the court, as it is best equipped to ascertain the truth of claims. If a husband says to his wife, "You are divorced, divorced, divorced," it counts as one divorce, unless the husband intended three. It suffices for the husband to act upon the of a شيخ (scholar) who ruled that it counts as a single divorce. As for conditioning divorce on the wife going to her family's house, it occurs, according to the majority of jurists, as soon as the condition is met. The husband is to be believed regarding his intention if he states that he did not intend divorce. Both spouses are advised to strengthen love and affection between them and fulfill their rights to avoid harming the marriage.
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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