What is the maximum number of divorces that take effect against a woman with whom consummation has occurred when pronouncements are sequential?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 2 · Bab 2

Open in Qurani

Primary text

Three divorces take effect against a woman with whom consummation has occurred if the husband pronounces them sequentially, such as stating: 'You are divorced,' then 'divorced,' then 'divorced,' or variations indicating sequence like 'You are divorced, then divorced, and divorced.' This is because such phrasing implies sequence. The first pronouncement separates her (as a revocable divorce if it is the first or second), allowing the second to take effect upon the valid marital state, and similarly the third. If the second pronouncement found her irrevocably separated (ba'in) due to the first, it would not take effect, but this is avoided with the consmummated wife.

Supporting text

The statement 'You are divorced, rather, divorced, and divorced,' as narrated by Abu al-Khattab, also results in three divorces against the consmummated wife.