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Fatwa CenterYour wife has become irrevocably divorced with major separation
Question
As-Salāmu `Alaykum
I would like to ask about Divorce?
2 years ago I divorced once my wife and she kept disturbing me till I divorced her 3 times at once. after that I took my wife back for some time, I moved to another city to find work but things weren’t going as planed so I asked my wife to move with but didn’t agree, then we had this argument about if she didn’t move with me I will divorce her and my intention was if she didn’t move she is divorced. Am still living with my wife at the moment.
But I wanted to know is my wife lawful for me or what should I do.
When I was divorcing my wife I didn’t have enough knowledge about Islam but I do understand.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
In case a husband divorces his wife three times in one session like saying to her: “You are divorced, divorced, divorced”, then if he wants to confirm the first divorce by uttering the second and third divorce, then it is only one divorce that takes place. However, if he did not intend to confirm the first divorce, then this is considered as three divorces according to the view of the majority of the scholars 
. However, some jurists are of the view that this takes effect as one divorce only. For more benefit, please refer to Fataawa 82330 and 84170. Besides, not knowing the rulings of divorce does not prevent divorce from taking place as we clarified in Fatwa 92352.
The statement of a husband to his wife that he will divorce her if she did not move with him and he intended to divorce her if she does not do so, and she did not do so, then she becomes divorced.
Therefore, based on the view of the majority of the scholars that divorce takes place three times in one session, your wife becomes irrevocably divorced (with major separation) from you and she is unlawful for you until she marries another man a true marriage, and he consummates the marriage with her, and then he dies or divorces her. This is of course if you had not intended to confirm the first divorce by uttering the second and third time.
However, even according to the view that only one divorce took place (by uttering three divorces in on session), your wife also has become irrevocably divorced (with major separation) from you if you had initiated a third divorce to her conditioning her divorce on her not moving out with you as it appears from the question. Hence, if she did not move out with you, then it appears that she is no more your wife and you should avoid her and each one of you should go his own way. For more benefit on the kinds of divorce, please refer to Fatwa 82541.
Finally, it is better if you consult some trustworthy scholars in your country and explain to them what had happened so that they will explain to you the religious ruling regarding your issue.
Allaah Knows best.
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