Rulings on one who keeps his wife after three talaqs (imamate, funeral prayer, social dealings, etc.)

Question

Question: (1) Zayd, while fully conscious and in his right mind, in front of the respected people of the town, under force and coercion (ikrah), pronounced three talaqs. Can he keep this divorced woman again or not, and can he marry her? If he can, then on what conditions? (2) If the said Zayd renews the nikah after three talaqs and argues that according to Imam al-Shafi‘i ﵀ this is permissible and that is why he did it, is this claim of his acceptable? (a)

Answer

(1) A major (mughallaza) divorce has taken effect; now nikah with her is haram: [ar]حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُۥ (الآية)[/ar] “…until she marries a husband other than him” (Surah al-Baqara, 2:230). (2) If someone pronounces three talaqs in one word, for example saying: “أَنْتِ طَالِقٌ ثَلَاثًا” (“you are divorced thrice”), this major divorce (mughallaza)

Source: Fatawa Mahmudiyya

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