What occurs if one of the two wives has not been consummated (ghayr madkhool biha) when the man repeats the conditional oath three times?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 2 · Bab 2

Open in Qurani

Primary text

If one wife has not been consummated, she is irrevocably separated (ba'in) upon the second repetition of the oath. If the husband repeats the statement a third time, neither wife is divorced by that third repetition. This is because the unconsummated wife is already separated, so reiterating the statement does not constitute a new oath of divorce pertaining to her, as the condition (oath of divorce) is not met for her, since she is no longer his wife.