Explanation of Revocable Divorce and Irrevocable Divorce

Question:
Finally, our brother asks about revocable divorce and irrevocable divorce, minor and major?

Answer:
Revocable divorce is that which occurs in the case of a woman after intercourse with her, where she has been entered into. If he divorces her with one divorce, or two divorces, while she is pregnant, or in a period of purity in which he did not have intercourse with her, it is called revocable divorce.
As for if he divorces her with the third divorce, it becomes a divorce that is not revocable; it is separated by major separation. She is not lawful for him again except after marriage to another husband and intercourse. This is the detail of revocable divorce and irrevocable divorce. If he divorces her with one divorce while she is pregnant, or two divorces while she is pregnant, this is revocable divorce, and he has the right to take her back as long as she is in the waiting period.
Likewise, if he divorces her with one divorce, or two divorces, in a period of purity in which he did not have intercourse with her, or if he divorces her while she is past childbearing age with one divorce, or two divorces, he has the right to take her back as long as she is in the waiting period. The waiting period for a menstruating woman is three menstrual cycles, and the waiting period for a woman past childbearing age is three months. As for if he divorces her during menstruation, or during post-natal bleeding, or in a period of purity in which he had intercourse with her, it has been mentioned that this does not take effect according to the most correct of the scholars' opinions.
As for irrevocable divorce, it is when he divorces her with three divorces according to the majority, with a single phrase. The correct view is that it is not irrevocable; the correct view is that it is considered one divorce. If it is with a single phrase, saying "you are divorced three times," the correct view is that it is considered one divorce, as established in the hadith of Ibn 'Abbas: from the Prophet (peace and blessings be upon him) that he made the three divorces one divorce, meaning if it is with the phrase of three without repetition in a single word. Ibn 'Abbas says: "Divorce in the time of the Prophet (peace and blessings be upon him), and in the time of the Successor Abu Bakr, and in the time of 'Umar, was three divorces as one." Then 'Umar (may Allah have mercy on him) , when he saw that people were hastening in this matter, allowed it for them. So the correct view is that it is considered one if he divorced her with three in a single phrase. Likewise, if he says: "Divorced, divorced, divorced," and does not intend the three, it is considered one, and the second and third phrases are an emphasis of the first phrase, as stated by the scholars.
As for if he divorces her with three using multiple phrases, saying: "You are divorced, you are divorced, you are divorced," and does not intend clarification or emphasis, or says: "I consider you divorced, I consider you divorced, I consider you divorced," and does not intend clarification or emphasis, and she is in a period of purity in which he did not have intercourse with her, or while pregnant, then the three divorces take effect. Likewise, if he says: "Divorced," then "divorced," then "divorced," the three take effect if she is pregnant, or in a period of purity in which he did not have intercourse with her, and this divorce becomes irrevocable. Likewise, if he had already divorced her twice, then divorced her a third time, while she is pregnant or in a period of purity in which he did not have intercourse with her, she is separated by major separation. She is not lawful for him until she marries another husband, a marriage of desire, not a marriage for the purpose of facilitating remarriage, and the second husband must have intercourse with her and then separate from her by death or divorce.
As for minor separation, it is when it is in the case of khul' (divorce at the wife's request for compensation) for money. If he divorces her with one divorce, or two divorces, for money, this is called minor separation. He does not have the right to take her back except with her permission and a new marriage contract; because she has acquired ownership of herself through the compensation. If he divorces her for money with one divorce, or two divorces, it is called khul', or divorce for money. He does not have the right to take her back except with her permission through a new contract, meaning a new marriage, with a guardian and two witnesses, as if he were a stranger, because of the money. Similarly, if he divorces her with one divorce, or two divorces, and she exits the waiting period, it is said: she has been separated by minor separation due to her exiting the waiting period after one or two divorces. She is a woman subject to revocable divorce with whom he has had intercourse, and he did not divorce her in a period of purity in which he had intercourse with her, nor during menstruation or post-natal bleeding. In this case, if she exits the waiting period, it is said: she was divorced with an irrevocable divorce due to her exiting the waiting period after the one or two divorces. He has the right to return to her with a new marriage contract, like the woman who performed khul', and Allah knows best.

The presenter: Allah knows best, may Allah reward you with good.