Divorcing the wife by one divorce
a. If a divorce takes place before the consummating of marriage: The scholars are in consensus that the wife is not required to observe a waiting period if her husband divorced her by one divorce before consummating the marriage and that she will only become lawful for him after conducting a new marriage contract. The consensus is transmitted by Ibn Nasr al-Marwazee, Ibn al-Munthir, and Ibn Hazm.
b. If a divorce takes place after consummating the marriage: This will be discussed in detail under the topic of revocable divorce.
2. Triple divorce:
a. If a triple divorce takes place before consummating the marriage
i. Issuing three divorces in one statement: The scholars differed on the ruling of the woman whose marriage is not consummated, and her husband divorces her three times in one statement (e.g., you are divorced thrice). The four Madhabs agree that this divorce is a major irrevocable divorce, and thus the woman will become lawful for him only if she marries another man and divorces her. This is the view of some of the righteous predecessors and the view adopted by most of the people of knowledge. Other scholars were of the view that this is considered a minor irrevocable divorce (i.e., he needs to conduct a new marriage contract with her). This is the view of some of the righteous predecessors, Ibn Taymiyyah, Ibn al-Qayyim, al-San’aanee, al-Shawkaanee, Ibn Baaz, and Ibn ‘Uthaymeen.
ii. Issuing three divorces using repeated words: The majority of scholars hold the view that the woman whose marriage is not consummated is divorced three times in three repeated statements (e.g., you are divorced, you are divorced, you are divorced, or you are divorced, divorced, divorced) counts as one divorce. This is the view of the Hanafi, Shafi’i, and Hanbali Madhabs.
iii. Issuing three divorces in one statement by connecting the three divorces by a conjunction: The scholars differed on the ruling of divorce if the man issues three divorces in one statement, but he adds conjunction between them (e.g., you are divorced and divorced and divorced). One group of scholars hold the view that it counts as three divorces, and if it takes place before the marriage is consummated, she becomes unlawful for him unless she marries another man and then she becomes divorced. This is the view of the Maliki and Hanbali Madhab and the old view of the Shafi’i. Other scholars were of the view that it counts as one divorce, which is the view of the Hanafi and Shafi’i, Madhab, and the view of Ibn Taymiyyah, Ibn ‘Uthaymeen, and the Permanent Committee.
b. If a triple divorce takes place after consummating the marriage
i. Issuing three divorces using repeated words: The scholars differed on the ruling of divorce if the husband divorces his wife three times using repeated words (e.g., you are divorced, you are divorced, you are divorced, or you are divorced, divorced, divorced). The four Madhabs agree [151] The majority of scholars from the Maliki, Shafi’I, and Hanbali Madhabs hold the view that the man intends with it emphasising his statement and not to issue multiple divorces, it will count as one divorce. The Maliki scholars state that if a man repeats his statement of divorce without linking them with a conjunction like saying, you are divorced, you are divorced, you are divorced, it will count as three separate divorces if the marriage was consummated unless his intention was to emphasise and confirm the divorce. The Shafi’I and Hanbali scholars state that if the intention was to confirm the divorce, it will not count as three divorces, but if there was a time pause between the three statements, it will count as three separate divorces, even if his intention was to confirm the divorce. The Hanafi scholars state that if the intention of repeating the statement was to confirm the divorce and make his point clear, his word will be accepted and deemed correct when he asks for fatwa. However, in court, the rule will consider them three separate divorces. that it counts as three separate divorces. Other scholars were of the view that it counts as one divorce, which is the view of a group of righteous predecessors, Ibn Taymiyyah, Ibn al-Qayyim, and Ibn ‘Uthaymeen.
ii. Issuing three divorces in one statement: The scholars differed on the ruling of divorce if the man issues three divorces in one statement (e.g., you are divorced thrice). The four Madhabs and some of the righteous predecessors agree that it counts as three separate divorces. Another group of scholars were of the view that it counts as one divorce, which is the view of al-Majd from the Hanbali scholars, Ibn Taymiyyah, Ibn al-Qayyim, al-San’aanee, al-Shawkaanee, Ibn Baaz and Ibn ‘Uthaymeen.