issue of triple talaq

8/4/2019 Issue of Triple Talaq

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I heard from alot of peoples that saying 3talaq in one go revokes the nikah. But after

listening to the following speach of ZakirNaik and his references I am really confusedwhether three saying three talaqs in one go

break the nikah or not. ..

2/24/2009, 10:58 PM Tags:

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I heard from alot of peoples that saying 3 talaq in one go revokes the nikah. But after

listening to the following speach of Zakir Naik and his references I am really confused

whether three saying three talaqs in one go break the nikah or not. ..

Question

I am really impress by the way you give the answers by references and satisfied the

peoples. I heard from alot of peoples that saying 3 talaq in one go revokes the nikah.

But after listening to the following speach of Zakir Naik and his references I amreally confused whether three saying three talaqs in one go break the nikah or not.

http://www.youtube.com/watch?v=WEEOSmobuvM

Kindly satisfied me with full references and also give the answer of Zakir Naik

references.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

The issue of three talaqs given in one sitting has been researched and presented by

many Ulama. In spite of that, there seems to be a laxity on this issue. Some peoplestill insist on three talaqs being one and try to substantiate their view from other

angles.

Moulana Ismail Moosa and Moulana Ishaaq Moosa, of Benoni (both students of the
http://www.evernote.com/pub/islamicbooks/qna?offset=0&max=32&search=tag:Askimam.orghttp://www.evernote.com/pub/islamicbooks/qna#fb80286b-a442-4fc1-b626-2f3b149ff1b7http://www.youtube.com/watch?v=WEEOSmobuvMhttp://www.youtube.com/watch?v=WEEOSmobuvMhttp://www.addthis.com/bookmark.phphttp://www.youtube.com/watch?v=WEEOSmobuvMhttp://www.evernote.com/pub/islamicbooks/qna#fb80286b-a442-4fc1-b626-2f3b149ff1b7http://www.evernote.com/pub/islamicbooks/qna?offset=0&max=32&search=tag:Askimam.org


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first year iftaa course), have conducted a detailed research on this issue and havecovered every possible angle and dimension of three talaqs in one sitting. This

treatise will be especially beneficial-for Ulama and Muftis as it is well substantiated

with quotes and references.

May Allah Taala grant Moulana Ismail Moosa and Moulana Ishaaq Moosa barkatin their Uloom. Ameen.

-(Mufti) Ebrahim Desai

INTRODUCTION

We are witnessing an era where rash-issuing of divorce has become the order of theday. There was once an era in this Ummah when eye-brows were raised at theissuance of divorce. However, today it takes place as the norm without anyone

taking any notice.

We do admit that there are times when perhaps there is no compatibility between thespouses. However, in these instances, Shariah has first exhorted the couple to

exhaust every possible avenue of reconciliation before contemplating to terminate

the marriage through divorce. Should these reconciliatory initiatives fail, and

separation is the only solution for the enhancement of the couples life in this worldand the hereafter, then, as a last resort, they may consider divorce which is resented

in anyway. Rasulullah said,

2180 -

- - . ( ) - 2 / 220 )

From among the lawful acts to Allah, the most detested is Talaq. (Sunan AbiDawood 2/220 Dar al-kitab al-Arabi)

It is also important to point out the need to consult reliable Scholars with regards tomatters of Deen. There is an upsurge of fly-by-night Scholars who have ascended

the lofty post of issuing Fatwa and rulings without undergoing rigorous and

thorough training under a qualified tutor. The repercussions of consulting such

scholars are devastating. The general-layman should not feel at liberty to suffice by


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merely hearing a few speeches or reading the literature of any person they find in themedia. It is vital that one consults with reliable, Allah fearing Ulama and take their

advices. The devil plays with the heart of the son of Adam and can easily lead him

astray. A well known Tabie, Muhammad bin Sireen (MayAllah Taala have mercy

on him) has said,

) - 1 / 11 )

26 -

.

Verily this knowledge (the knowledge of Islam) is (your) religion; so look from who

you are taking your religion. (Introduction of Saheeh Muslim 1/11)

When one studies the issue of three divorces, issued in one sitting, in the light of

Quran and hadith, he/she will find ample proof that the divorces are valid and themarriage terminates. This is referred to as Talaaq-e-mughalladhah. This form ofdivorce demands immediate separation between the spouses. Reconciliation can

only take place after halalah. Halalah is the process where the wife passes her iddah(waiting period) after the three divorces and marries another man and consummate

the marriage. If the second husband divorces her or passes away, she should observe

the iddah of this second marriage. Thereafter, she would be at liberty to return to her

first husband.

There is no need to discuss the issue of three divorces given in different sittings as

there is no disagreement in this issue. All the Ulama are of the opinion that thisconstitutes three divorces.

The research is lengthy and is essentially based on the following:

1. Proofs from Quraan2. Proofs from Ahadith3. Rulings of the noble companions (Sahabah)4. Rulings of the Tabieen5. Rulings of the Madhahib (Shaafi, Hanafi, Maliki, Hambali)6. Answers to the apparent proofs which could be used to denote that three

divorces equals to one.

PROOFS ON THE OCCURRENCE OF THREE DIVORCES


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QURAAN

The following two verses of the noble Quran indicate that the nikah is dissolved

after the issuance of three divorces. Allah, the Most High, mentions,

1)

(229)

The divorce is twice. Thereafter, either you retain her on reasonable terms orrelease her with kindness. And it is not lawful for you (men) to take back (from your

wives) any of your Mahr (bridal-money given by the husband to his wife at the time

of marriage) which you have given them, except if both parties fear that they would

be unable to maintain the limits ordained by Allah. If you fear that they would not be

able to keep the limits ordained by Allah, then there is no sin on either of them if she

gives back (the Mahr or a part of it for her divorce). These are the limits ordained

by Allah, so do not transgress them. And whoever transgresses the limits ordained

by Allah, then such are the zalimun (wrong-doers, etc.). And if he has divorced her

(the third time), then she is not lawful unto him until she has married another

husband. Then, if the other husband divorces her, there will be no sin on both of

them if they reunite, provided they feel that they can keep the limits ordained byAllah. These are the limits of Allah, which He makes plain for the people who have

knowledge.

From the above verse it is understood that if a person gives his wife one or two

divorces, he will still be at liberty to revoke these divorces. However, when he

issues the third divorce, he can only take her back after halalah. The great exegete,

Allamah Jalad ad-deen as-Suyuti (may Allah Taala have mercy on him) has said,

- ( 1 / 46 - (

{ }

The divorce after which it is permitted to revoke is two (divorce) (Tafseer al-

Jalalayn 1/46 Dar al-Hadith)

There is no stipulation in the verse whether these divorces are in one, two or three


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sittings (together or separately); hence, it encompasses all. (Fatawa Mahmoodiyyah12/378, Jamiah Farooqiyyah)

Imam Shafi (may Allah Taala have mercy on him) agrees that this verse could beused to prove that three divorces are effective if given at once:

) - 7 / 333)

14- ( ) ( ) { } : .

(Baraahin al-kitaab wa al-Sunnah of Salaamah al-Quzaai 27-33)

2)

O Prophet! When you divorce women, divorce them for the prescribed period, andthereafter reckon the period; and fear Allah, your Lord. Turn them not out of their

houses, nor should they themselves leave, unless they commit manifest indecency.

These are the limits set by Allah; and whosoever transgresses the limits of Allah, he,

indeed, wrongs his own soul. Thou knowest not; it may be that thereafter Allah will

bring something new to pass.So when they have reached their prescribed time,

retain them with kindness or dismiss them with kindness, and call to witness two just

ones from among you, and give upright testimony for Allah. With that is admonished

he who believes in Allah and the latter day. And whoever fears and keeps his duty to

Allah, He ordains a way out for him.

The renowned Scholar, Ibn Rajab (may Allah Taala have mercy on him) states that

Ibn Abbas (may Allah Taala be pleased with him) explained this verse to mean thatwhoever divorces his wife as Allah Ta'ala has ordained (by issuing one revocable

divorce), then Allah Ta'ala has made a way out for him. He can either take back his

wife in her waiting period or perform a new nikah with her after the waiting periodhas passed. On the contrary, if he did not fear Allah Ta'ala and gave a divorce

contrary to the command of Allah, then there will be no way out for him (Al-Sayr

al-haath 33 Dar al-Bashair al-Islamiyyah). Similarly, the renowned commentator of


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Saheeh Muslim, Imam Nawai (may Allah Taala have mercy on him) has said,

) - 10 / 70 -

)

AHADITH

A careful study of the Ahadith of Rasulullah conclusively prove that three divorces pronounced in one sitting must be declared asthree irrevocable divorces. Consider the following,

1) : ( )

Aisha (may Allah Taala be pleased with her) reports that (during the time of Nabi

) a person divorced his wife thrice. She remarriedand the second husband too divorced her. Nabi was asked if it is permissible for her to return to her first husband. Nabi replied: No! ...Until they have physical-relations.

This hadith is narrated in the following works:

1) Saheeh al-Bukhari (5/2014 Dar Ibn Katheer, al-Yamamah, Beirut)

2) Sunan an-Nasai (6/459 Dar al-Marifah, Beirut)

3) al-Sunan al-Sughra li al-Bayhaqi (6/326 Maktaba al-Rushd)

4) al-Sunan al-Kubra li al-Bayhaqi (7/329, 374 Majlis dairah al-maarif al-

nidhamiyyah, Hyderabad)

5) Musnad Abi Awanah (3/94 Dar al-Marifah)


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6) Musnad Ahmad bin Hambal-(6/193 Muassah Qurtubah, Cairo)

7) Kitab al-Fawaaid li Abi Bakr al-Shafi (Al-Ghailaaniyaat) (1/458 Dar Ibn al-

Jawzi)

8) Musnad Ishaaq bin Rahooyah (2/375 Maktabah al-Imaan, al-Madinah al-munawwarah)

2)

( ) .

) - 2 / 242) ) - 3 / 275) - ( 6 / 117) ) - 3 / 200) - - - - - - .

A man from the Ansar came to Nabi and enquired,ONabi of Allah, if a man finds a person (interfering) with his wife, should he kill

him or what should he do? Allah Ta'ala immediately revealed the verses of the

noble Quran regarding such a situation. Nabi said,Allah has decreed regarding you and your wife. Thus, they carried outmula'ana in the Masjid and I (the narrator) witnessed it. When they finished, the

husband said, O Nabi of Allah, I lied against her if I keep her. Hence, he divorced

her thrice before Nabi could order him. As a result,he separated himself from her in the presence of Nabi .

In the narrations of Abu Dawood, Sunan al-Dar Qutni, al-Mujam al-kabeer,

Musnad Abi Awanah etc it is mentioned that: Nabi executed these three divorces.

This hadith is narrated in the following works:


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1) Saheeh al-Bukhari (5/2033 Dar Ibn Katheer, Al-Yamamah, Beirut)

2) Saheeh Muslim (4/206 Dar al-Jeel, Beirut)

3) al-Sunan al-Kubra li al-Bayhaqi (7/400 Majlis dairah al-maarif al-


4) Sunan Abi Dawood (2/242 Wizarah al-awqaf al-Misriyyah)

5) Sunan Ad Daar Qutni (3/275 Dar al-Maarifah, Beirut)

6) al-Mujam al-Kabeer (6/112, 117 Maktabah al-uloom wa al-hikam)

7) Musnad Abi Awaanah (3/200 Dar al-Maarifah, Beirut)

8) Musannaf Abdur Razzaq (7/115 Al-Maktabah al-Islami)

3) :

( )

Aisha (may Allah Taala be pleased with her) narrates that Rifa'a (may Allah

Taala be pleased with him) divorced his wife a categorical-divorce. Abdur Rahman

bin al-Zubayr(may Allah Taala be pleased with him) married her after him. She

came to Nabi and submitted, O Prophet of Allah, Iwas married to Rifa'a and he divorced me the last of three divorces. Consequently, I

married Abdur Rahman ibn al-Zubayr, but he is not but like a fringe (i.e. he is

impotent). She took hold of her fringe. Abu Bakr(may Allah Taala be pleased with

him) was present by Nabi

whilst Ibn Sa'eed(mayAllah Taala be pleased with him) was at the door waiting to seek permission to

enter. Khalid began to call out to Abu Bakr, O Abu Bakr, will you not scold her for

what she is mentioning before Nabi ! Nabi only smiled and thereafter remarked, Perhaps you what toreturn to Rifa'a? No! You should first consummate this second marriage.


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This hadith is narrated in the following books:

1) Saheeh al-Bukhari (5/2014, 2183, 2258 Dar Ibn Katheer, Al-Yamamah,

Beirut)

2) Saheeh Muslim (4/154 Dar al-Jeel)

3) Sunan al-Nasai (6/401, 457, 459 Dar al-Marifah, Beirut)

4) Sunan al-Tirmidhi (3/426 Dar ihyaa al-turath al-Arabi)

5) Ibn Majah (1/621 Dar al-fikr Beirut)

6) Sunan al-Darmy (2/215 Dar al-kitab al-Arabi, Beirut)

7) al-Sunan al-Kubra li al-Bayhaqi (7/ 374 Majlis daairah al-maarif al-


8) al-Mujam al-Awsat (8/281, Dar al-haramayn, Cairo)

9) Musnad Abi Awanah (3/92, 155, 156 Dar al-Marifah)

Check al-Talkhees al-Habeer (3/370) for more details on the takhreej of the above

hadith.

4)

. - - . . ..

Abu Bakr bin Abi al-Jahm says, I heardFatima bint Qays (may Allah Taala be

pleased with her) relate, My husband, Abu Amr bin Hafs bin al-Mugierah, sent me

my divorce with 500 aasu (a measure) of dates and 500 aasu of barley. I asked, Isthere no expenditure for me besides this and neither can I observe my waiting

period in your home? He replied in the negative. I covered myself and dashed to

the presence of Nabi who enquired, How manydivorces did he issue? I replied, Three! Nabi said, Your husband is correct, there is no expenditure for you.

The above hadith is narrated in:

1) Saheeh Muslim(4/199 Dar al-Jeel)


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2) Sunan Al-Nasai (6/461 Dar al-Marifah, Beirut)

3) Sunan Abi Dawood (2/254 Wizarah al-awqaf al-Misriyyah)

4) al-Sunan al-Kubra li al-Bayhaqi (7/ 473 Majlis daairah al-maarif al-


5) al-Mujam al-kabeer (24/376, Maktabah al-uloom wa al-hikam)

6) Saheeh Ibn Hibbaan (10/66, Muassassah ar risalah)

7) Musnad Abi Awanah (3/153, Dar al-Marifah)

8) Musnad Ahmad (6/411, Muassassah Qurtubah, Cairao)

5) :

Ibn Umar (may Allah Taala be pleased with him) relates that Nabi was asked regarding a person who divorces his wife thrice afterwhich another man marries her. After going in seclusion, he divorces her before this

second husband can actually have intercourse; does she become permissible for the

first husband to marry her? Nabi replied, No,until they have physical-relations.

The above hadith has been transmitted in the following three works:

1) Sunan al-Nasai (6/460 Dar al-Marifah, Beirut)

2) Musnad Ahmad (2/25 Muassassah al-Qurtubah, Cairo)

3) Musannaf Ibn Abi Shaybah (4/274 Dar al-Salafiyyah)

4) al-Sunan al-Kubra li al-Bayhaqi (7/ 375 Majlis daairah al-maarifal-


6) : : . : :


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: . : - -

: . .

) - 11 / 171) - ( 1 / 32 )

Suwayd ibn Ghafla (may Allah Taala have mercy on him) relates that Khat'amiyya

(may Allah Taala be pleased with her) was married to Hasan (may Allah Taala bepleased with him). When Ali (may Allah Taala be pleased with him) was martyredand people tookpledge to Hasan bin Ali she said to him: Congratulations on the

Caliphate, O Amir al-Mu'mineen! Hasan (may Allah Taala be pleased with him)replied Are you rejoicing the martyrdom of Ali? You are divorced thrice. Shefolded her clothes and waited until her waiting period (iddah) was completed.

Thereafter Hasan (may Allah Taala be pleased with him) sent to her theoutstanding dowry plus an additional twenty thousand dirhams. When the

messenger reached her and she saw the wealth she exclaimed: Oh! (This is)

little goods from a separated beloved! When the messenger informed Hasan (may

Allah Taala be pleased with him) of this, he began to sob and exclaimed, Had I

not heard my father narrate from my grandfather, Nabi , that He said, Whoever divorces his wife thrice, she will not be permissiblefor him until she marries another husband, (had I not heard this) I would have taken

her back.

This narration is in the following books:

1) al-Sunan al-Kubra (7/257 Majlis dairah al-maarif al-nidhamiyyah,

Hyderabad)

2) Sunan Al- Dar Qutni (4/30,31 Dar al-Marifa, Beirut)

3) al-Mujam al-kabeer (3/91 Maktabah al-uloom wa al-hikam)

7) : :

:

Anas bin Malik (may Allah Taala be pleased with him) relates that the Prophet


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was asked regarding a person who divorces hiswife thrice. Thereafter, she marries another person but he passes away before

having physical-relations, does she become permissible for the first husband?

Rasulullah replied, No, until they have physical-relations.

This hadith is in the following two kitabs:

1) Musnad Abi Yala (7/207 Dar al-mamoon li al-turath, Damascus)

2) al-Ahadith al-Mukhtarah (3/178 Maktabah al-nahdha al-hadeetha, Makkah)

8) :

Ali (may Allah Taala be pleased with him) narrates that Nabi heard someone divorcing his wife decisively. Nabi became enragedand said, You taking the signs of Allah or (hesaid) the deen of Allah as a joke and as a play! Whoever divorces decisively we will

make it binding on him and she will not be permissible for him until she marries

someone else.

The above narration is in Sunan al-Dar Qutni (4/20 Dar al-Marifah, Beirut).

9)

Dawood bin Ubadah bin Samit (may Allah Taala have mercy on him)narratesthat his grandfather (Samit) divorced his wife a thousand times. His (Dawood's)

father (Ubada(may Allah Taala be pleased with him)) hastened to inform Nabi

of this. Nabi

replied, Did your grandfather not fear Allah Ta'ala. Three divorces are his andnine hundred and ninety seven are enmity and oppression. If Allah wills He will

punish him and if He will's He will forgive him.

This narration is in Musannaf Abdur Razzaq (6/393 Al-Maktab al-Islami, Beirut)


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VERDICTS OF THE COMPANIONS

For brevity, we have provided only one quote from each companion and merely

sufficed with references for the rest.

1) UMAR (May Allah Taala be pleased with him)

) - 2 / 217)

2806 -

: :

:

A person came to Umar (may Allah Taala be pleased with him) and asked himregarding an individual who divorces his wife thrice after which his brother marries

this women on his own free will in order to make her permissible for the first

husband; does she become permissible for her first husband? Umar (may Allah

Taala be pleased with him) replied, No! We used to consider this as adultery in

the era of Nabi . (Al-Mustadrak lil Hakim (2/217Dar al-kutub al-ilmiyyah)

[Also check Sharh Maani al-Athar (3/57, 58 Dar al-kutub al-Ilmiyyah), al-Sunan al-Kubra of Imam al-Bayhaqi (7/334 Majlis dairah al-maarif al-nidhamiyyah,

Hyderabad)]

2) Uthmaan (May Allah Taala be pleased with him)


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) - 5 / 229

)

Muawiya ibn Abi Yahya (may Allah Taala have mercy on him) narrates that a

person came to Uthman (may Allah Taala be pleased with him) and said, I have

divorced my wife a thousand. Uthman (may Allah Taala be pleased with him)replied, She is separated by three. (Zad al-Maad 5/229, Muassassah al-Risalah)

3) ALI (May Allah Taala be pleased with him)

) - 5 / 22)

18152- : .

Jafar (may Allah Taala have mercy on him) narrates from his father who narrates

that Ali (may Allah Taala be pleased with him) has said, When a virgin is

divorced with one divorce, she becomes separated, and if she is divorced thrice sheis not permissible for her first husband until she marries someone besides

him.(Musannaf Ibn Abi Shaybah (4/13, 22 Dar al-Salafiyyah)

[Check al-Sunan al-Kubra (7/334 Majlis dairah al-maarif al-nidhamiyyah,

Hyderabad), al-Sunan al-Sughra li al-Bayhaqi (6/332 Maktabah al-Rushd) for morequotes of Ali (May Allah Taala be pleased with him)]

4) ABDULLAH BIN ABBAS ((May Allah Taala be pleased with them))

- ( 199 )


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A person said to Ibn Abbas (may Allah Taala be pleased with him), Verily I haveissued a hundred divorces to my wife, what is the ruling? Ibn Abbas (may Allah

Taala be pleased with him) said to him, With three divorces she is divorced andwith the remaining ninety seven, you have made a mock of the signs of

Allah.(Muwattah Imam Malik (1/199 Ashraf book depot)

) - 6 / 266 - )

10779 -

A person said to Ibn Abbas (mayAllah Taala be pleased with him), Verily my

uncle issued three divorces to his wife. Ibn Abbas (may Allah Taala be pleasedwith him) replied, Verily your uncle disobeyed Allah and obeyed the devil; hence,

Allah caused him to regret and has not made a way out for him. The person asked,

What do you think of a person who will pass the verdict that the wife is permissible

or him. Ibn Abbas (may Allah Taala be pleased with him) replied, Whoever

(intends to) deceive Allah, Allah will deceive him. (Musannaf Abdur Razzaq (6/266Al-Maktabah al-Islami)

[Check the following for more quotes of Ibn Abbas (May Allah Taala be pleased

with him): Musannaf Abdur Razzaq (6/396 al-Maktabah al-Islami), Musannaf IbnAbi Shaybah (5/11 Dar al-Salafiyyah), Sunan Abi Dawood (2/226 Wizarah al-awqaf

al-Misriyyah), Sharh Maani al-Athar (3/57, 58 Dar al-kutub al-Ilmiyyah), al-Sunan

al-Kubra (7/331 Majlis dairah al-maarif al-nidhamiyyah, Hyderabad), Sunan al-Dar Qutni (4/12, 59 Dar al-Marifa, Beirut)]

5) ABDULLAH BIN MASOOD (May Allah Taala be pleased with him)

) - 5 / 21)

18151- :


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Hakm (may Allah Taala have mercy on him) says that Ibn Abbas (may Allah Taalabe pleased with him) and Ibn Masood (may Allah Taala be pleased with him) saidwith regards to a person who divorces his wife thrice before having intercourse,

She is not permissible for the firsthusband until she marries anotherhusband.(Musannaf Ibn Abi Shaybah (5/21 Dar al-Salafiyyah)

[Also check Sharh Maani al-Athar (2/35, 59 Al-Maktabah al-Haqqaniyyah) and Al-

Sunanal-Sughra li al-Bayhaqi (6/332 Maktaba al-Rushd)]

6) ABDULLAH BIN UMAR (May Allah Taala be pleased with them)

) - 6 / 348)

Ibn Umar (May Allah Taala be pleased with him) has said, If a person divorceshis wife thrice and thereafter another person marries this woman but divorces her

before having intercourse, if the first husband returns to her; then if Umar was alive

he wouldstone the first husband (for doing such an impermissible and vile act.)

(Musannaf Abdur Razzaq 6/ 348 al-Maktabah al-Islami)

[Also refer to Musannaf Abdur Razzaq (6/331, 348 Al-Maktabah al-Islami),

Musannaf Ibn Abi Shaybah (5/11 Dar al-Salafiyyah), Saheeh al-Bukhari (5/2015Dar Ibn Katheer, al-Yamamah, Beirut), Saheeh Muslim 4/180 Dar al-Jeel, Sharh

Maani al-Athar (3/58 Dar al-kutub al-Ilmiyyah), Sunan al- Dar Qutni (4/32 Dar al-

Marifa, Beirut), Al-Sunan al-Sughra li al-Bayhaqi (6/326 Maktaba al-Rushd), al-Sunan al-Kubra (7/335, 336 Majlis dairah al-maarif al-nidhamiyyah, Hyderabad),

7) IMRAAN BIN HUSAIN (May Allah Taala be pleased with him)

) - 5 / 10)

18087-

:


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: .

Imran ibn Husain (may Allah Taala be pleased with him) was questioned about aperson who divorces his wife thrice in one sitting. He replied, He has disobeyed hislord andhis wife is haram on him. (Musannaf Ibn Abi Shaybah (5/10 Dar al-

Salafiyyah)

[Also refer to Al-Kuna wa al-asmaa (1/175 Dar Ibn Hazm), Al-Sunan al-Kubra

(7/332 Majlis dairah al-maarif al-nidhamiyyah, Hyderabad), Musannaf Ibn Abi

Shaybah (5/11 Dar al-Salafiyyah)]

8) ABU HURAYRAH (May Allah Taala be pleased with him)

- - ( 2 / 570)

1180 -

:

Muhammed ibn Iyas relates that a person divorced his wife thrice beforeconsummating the marriage. Thereafter, he decided to remarry her. He went to seek

a legal ruling and I accompanied him and also inquired on his behalf. He asked Ibn

Abbas and Abu Hurayrah (may Allah Taala be pleased with them) regarding this.

They both ruled, You cannot marry her until she marries someone else besides

you. This person argued, But I only divorced her once. Ibn Abbas (may Allah

Taala be pleased with him) replied, You let go of the extra you had. (Al-Muwatta

Imam Malik (2/570 Dar ihya al-turath al-Arabi)

[For more verdicts of Abu Hurayrah refer to the following: Musnad al-Shafi (1/271

Dar al-kutub al-Ilmiyyah), Musannaf Abdur Razzaq (6/333 Al-Maktabah al-Islami),

Musannaf Ibn Abi Shaybah (5/22 Dar al-Salafiyyah), Sunan Abi Dawood (2/227Wizarah al-awqaf al-Misriyyah), Sharh Maani al-Athar (3/57 Dar al-kutub al-

Ilmiyyah), Al-Sunan al-Sughra li al-Bayhaqi (6/331 Maktaba al-Rushd), Al-Sunan

al-Kubra (7/335 Majlis dairah al-maarif al-nidhamiyyah, Hyderabad), Jami Bayan

al-Ilm wa fadhlihi (2/316 Muassaaash ar risalah]


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9) ABDULLAH BIN AMR (May Allah Taala be pleased with him)

- - ( 2 / 570)

1181 -

:

A person came to Ibn Amr (may Allah Taala be pleased with him) and enquiredabout a person who issued three divorces to his wife without even touching her.

Ataa (may Allah Taala have mercy on him) says, I said, Verily the divorce of avirgin is one. Ibn Amr (may Allah Taala be pleased with him) said to me, Youare (only) talking about one which will separate them whereas the three (which has

been issued) will make her impermissible for her first husband until she marries

another person. (Al-Muwatta Imam Malik (2/570 Dar ihya al-turath al-Arabi)

[Also check Musnad Al-Shafi (1/102 Dar al-kutub al-Ilmiyyah), Musannaf AbdurRazzaq (6/334 Al-Maktabah al-Islami), Musannaf Ibn Abi Shaybah (5/22 Dar al-

Salafiyyah), Sharh Maani al-Athar (3/57 Dar al-kutub al-Ilmiyyah), Al-Sunan al-

Kubra (7/335 Majlis dairah al-maarif al-nidhamiyyah, Hyderabad)]

10) ABU SAEED (May Allah Taala be pleased with him)

) - 5 / 22)

18155- : .

Hakm (may Allah Taala have mercy on him) relates from Abu Saeed (may Allah

Taala be pleased with him) regarding a person who divorces his wife thrice beforeconsummating the marriage that he said, She is not permissible for him until shemarries another husband. (Musannaf Ibn Abi Shaybah (5/22 Dar al-Salafiyyah)


19/54

11) UMM SALAMA (May Allah Taala be pleased with her)

) - 5 / 22)

18156-

: : .

Umm Salamah (May Allah Taala be pleased with her) was asked about a personwho divorced his wife thrice before having sexual-intercourse with her. She replied,

She will not be permissible for the first husband until the second husband does not

have intercourse with her. (Musannaf Ibn Abi Shaybah (5/22 Dar al-Salafiyyah)

12) ANAS (May Allah Taala be pleased with him)

) - 4 / 275)

17217- ,

, , :

Anas (may Allah Taala be pleased with him) says, A woman divorced thrice willnot permissible for her first husband until she has relations with her second

husband. (Musannaf Ibn Abi Shaybah (4/575 Dar al-Salafiyyah)

These are the narrations of just a few Sahabah (may Allah Taala be pleased withthem all) who passed the verdict that if a person divorces his wife thrice, three

divorces will take place. It is illogical to think that such illustrious and high ranking

Sahabah will pass a verdict in contrast to what they learned from Nabi . Hence, it is sufficient to prove that three divorces willcause the wife to be impermissible for the husband until she marries another man

with whom she consummates the marriage.

The view of scholars from the Tabieen

Those that advocate the view that three divorces in one uttering are one,acknowledge that majority of the Tabieen were of the view that three divorcesissued at one interval is equal to three. This has clearly been stated by Ibn al-

Qayyim(may Allah Taala have mercy on him) in Zad al-Maad (5/234, Muassasah

ar risalah). He has also mentioned in his book, Ighaata al-lahfan:


20/54

) - 1 / 322 - )

As for the Tabieen (who held the view that the three divorces will be effective),they are more than can possibility be enumerated. Ijma is established with lesser

than this. It is for this reason that many said there is ijma.amongst them are (greatScholars like) Abu Bakr bin al-Arabi and Abu Bakr al-Razi (may Allah Taala havemercy on both of them) and it is the apparent meaning of the statement of Imam

Ahmad which Athram (may Allah Taala have mercy on him) has narrated

(Ighaatha al-lahfaan 1/322, Dar al-Marifah)

Similarly, Allamah Shawkani(may Allah Taala have mercy on him) mentions:

) - 7 / 11)

Nevertheless, hereunder we have cited the narrations of the following Jurists from

the Tabieen who clearly passed the verdict that three divorces issued in one intervalare effective:

1) Ibrahim al-Nakhai (may Allah Taala have mercy on him)

2) Shabi (may Allah Taala have mercy on him)

3) Muhammad Sireen (May Allah Taala have mercy on him)

4) Makhool (may Allah Taala have mercy on him)

5) Saeed bin al-Musayyab (may Allah Taala have mercy on him)

6) Saeed bin Jubayr (may Allah Taala have mercy on him)

7) Humayd bin Abdur Rahman (may Allah Taala have mercy on him)

8) Abdullah bin Shaddaad (may Allah Taala have mercy on him)

9) Musab binSad (may Allah Taala have mercy on him)


21/54

) - 5 / 23)

18161-

: .

18162- : .

18163- : .

18164- : .

18165-

) - 5 / 24)

18167- : .

) - 6 / 305)

10937 -

) - 6 / 332)

11066 -


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IJMA (The CONSENSUS of this Ummah)

Many Scholars mentioned that there is consensus that three divorces take placewhen issued in one sitting. Great Scholars and commentators of Hadith, the likes of

Ibn al-Arabi, Abu Bakr al-Razi, Ibn Abdul Barr, Ibn Hajar al-Asqalani and in fact

Imam Ahmad (may Allah Taala have mercy on them all) himself and many othersall clearly said that there isIjma (consensus) that if a person issues three divorces in

one sitting, all three will be effective. Consider the following,

) - 3 / 129 )

:

Our Scholars mention, Those in the forefront of issuingreligious verdicts all

agree that three divorces are binding if said in one statement. This is the view of

majority of our predecessors. (Al-Jami li ahkam al-Quraan 3/129, Dar Alam al-

kutub)

- ( 3 / 426 - )

The practice is on this according to all the knowledgeable ones from the

companions of Nabi and others that if a persondivorces his wife thrice and marries another husband who divorces her before

consummating the marriage; she will not be permissible for her first husband if she

did not have intercourse in the second marriage. (Sunan al-Tirmidhi 3/426, Dar

ihya al-Turath al-Arabi)

) - 10 / 70 -


23/54

)

Imam Shafi, Malik, Abu Hanifa, Ahmad(may Allah Taala have mercy on them)and majority of the Scholars of the earlier and later periods say that three divorces

take place.(Sharh al-Nawawi ala Muslim (al-Minhaaj) 10/70, Dar ihya al-Turath

al-Arabi)

) - 5 / 247

- )

.

: .

As for the second issue, the issue of three divorces taking place in one statement,people have differed in four groups. The first says that it takes place. This is the

view of the four Imams, majority of the tabieen and a great number ofSahabah.(Zad al-Maad 5/234, Muassasah ar risalah)

- ( 3 / 450-453 ) 3 /) 232 )

.

Majority of the Sahabah and Tabieen andleading Scholars after them agree that

three take place. (Fath al-Qadeer 3/450-453, Maktabah Zakariyyah, Hashiyah IbnAbideen 3/232, Halabi)

- ( 3 / 217 (

The vast majority are of the opinion that all three takes place, in fact, Ibn Abdil

Barr mentioned ijma on this issue claiming that the contrary opinion is shaadhand no regard should be given to it... (Sharh al-Zarqani 3/217, Dar al-kutub al-


24/54

ilmiyyah)

- ( 1 / 31 )

:

Chapter: Know that it hasnotbeen established from even one Sahabi, Tabie orreliable Scholar explicitly that after intercourse three divorces are equal to one if

pronounced in one statement.(Sayr al-hath 1/31, Dar al-Bashair al-Islamiyyah)

) - 1 / 322 - )

As for the Tabieen (who held the view that the three divorces will be effective),they are more than can possibly be enumerated. Ijma is established with less than

this. It is for this reason that many claimed that there is ijma.amongst them areAbu Bakr bin al-Arabi and Abu Bakr al-Razi (may Allah Taala have mercy on bothof them) and it is the apparent meaning of the statement of Imam Ahmad which

Athram (may Allah Taala have mercy on him) has narrated (Ighaata al-lahfaan

1/322, Dar al-Marifah)

HANAFi MADHAB

- ) - 2 / 516 -

)

: .

Imam Muhammad says, This (three divorces taking place) is our view. It is theruling of Abu Hanifa and all our Jurists. (MayAllah Taala have mercy on them)

(Al-Muwattah Imam Muhammad 2/516, Dar al-Qalm)

) - 6 / 47 )

:


25/54

The second mas'ala in which we differ with the Shia's is regarding a person who

gives three divorces at once. According to us, three will take place. The Zaydi's from

amongst the Shia's hold the view that one divorce will take place whilst the Imamia's

opine that no divorce will take place. (Al-Mabsoot 6/47)

) - 2 / 355 (

- ( 3 / 450 ) ( (

Bid'i talaq is to divorce thrice, be it in one word or three, in such a period when

she is not experiencing menses. If anyone issues such a divorce then the talaq will

take place but such a person will be sinning.(Al-Hedaya 2/355, Explained and

supported by Fath al-Qadeer 3/450)

) - 3 / 153 )

According to vast majority of the scholars the ruling regarding bid'i talaq is that itwill take place. Some say talaq will not take place. This is also the view of the

Shia's.(Badai al-Sanai 3/153, Ihya al- Turath

) - 3 / 239 )

(

) ... ( ( ( ) ) ) ( ( ( ) ) )


26/54

Issuing three divorces in one period or by one word is considered as bid'i talaq.Meaning, three separate divorces separately in one clean period or three divorces

with one word is bidi (it is attributed to bidah). The meaning of bid'i is that it is

impermissible to pass such divorce as the fuqaha have clearly stated that a person

who passes such a divorce will be sinning. There is no need to refute those who

deny three as being three as this goes against the consensus of the ummah as ismentioned in al-Mi'raj. Thus, Scholars mention that if a judge passes verdict that

three divorces are one his judgment will not be valid, because this is not an issue

where one can use his intellect (because of nass), hence, (there is no scope for any)

difference. (Al-Bahr al-Raiq 3/239 Dar al-kutub al-Arabi al-kubra

) - 2 / 25 (

( )

Bid'i talaq is to divorce thrice in one such period when she is not experiencingmenses or passing three talaqs by one word or issuing two divorces in one such

period when she is not experiencing menses. (Tabyeen al-haqaaiq 2/25 Dar al-kutub al-Ilmiyyah)

) - 1 / 356 )

: :

If a person says to his wife, You are divorced, you are divorced, you are

divorced! and claims that he intended with the first statement divorce and with thesecond and third merely informing her, this will be between him and Allah. In this

world judgment will be passed that she is divorced thrice. (Fatawa Alamgiry 1/

355-356, Rashidiyyah)

) - 3 / 232 )

( ) ( )

(Issuing three divorces separately or by one word is a) bid'i talaq. What is meantby bid'i is that it is impermissible to issue such divorce as the fuqaha have clearly

stated that a person who issues such a divorce will be sinning This is irrespective

whether the divorces are together or separately. The Imamia's hold the view that by


27/54

passing three divorces no divorce will take place. Similarly, if one divorces his wife

whilst she is in her menses no divorce will take place. This is because divorcing

thrice and divorcing her during her menses is haram. (Hashiyah Ibn Abideen

3/232 Dar al-fikr)

) - 2/ 166)

.

Issuing three divorces separately is an innovative (method of divorce). If all threeare given at once then all the more it should be considered as innovative. Amongst

others, the Zahiri's and Shia's opine that passing three talaqs at once equal only to

one talaq. (Hashiyah Tahtawi ala al-Durr 2/166)

MALIKI MADHAB

) - 2 / 570 )

Ibn Abul Barr (may Allah Taala have mercy on him) and others have narratedthat there is consensus upon the fact that three divorces becomes compulsory upon

the person who issued three. It is narrated in the book Irtishaf from some

innovators that only one divorce takes place. Abul Hasan narrates that Ibn al-Arabi

(may Allah Taala have mercy on them) said: I have never ever slaughtered achicken but if I find anyone who does not accept three divorces I will slaughter him

with my own hands. This is a severe warning.

This view (that three equals to one) has become famous from Ibn Taymiyyah (may

Allah Taala have mercy on him). Some Shafi' scholars mention that Ibn Taymiyyah(may Allah Taala have mercy on him) is deviated himself and is prone to deviate


28/54

others as he is going against consensus and has threaded the part of the innovators

and sinners. (Hashiyah Al-Dasooqi 2/570 Dar al-fikr)

) - 3 / 715 (

: :

I asked, If any person divorces his wife thrice in one sitting or in three cleanperiods (after every menses) then according to Imam Malik does three divorces take

place? He replied in the affirmative.(Al-Mudawwanah 3/715 Maktabah Nazar

Mustafah Baz)

) - 5 / 301 (

:

.

Note: What Abul Hasan explained previously regarding the statement of al-Mudawwanah is in the scenario where a person says to his wife in one sitting, You

are divorced, you are divorced, you are divorced!If it is done differently, examplehe says to his wife, You are divorced thrice!i.e. in one statement then AbdulHameed al-Saig has said that this (issuing three divorces in one statement) is worst

than issuing it in three sittings, and issuing it in three sittings is worst than issuing it

in three clean periods. However, all the divorces will be binding on

him.(Mawaahib al-Jaleel (5/301, Alam al-kutub)

) - 3 / 138 )

) ) :

The vast majority of scholars opine that the ruling of passing three divorces atonce is same as the ruling of passing three separate divorces. The Zahiri's and a

small group opine that only one divorce takes place.(Bidayah al-Mujtahid 3/138Dar as Salaam)


29/54

SHAFI MADHAB

) - 7 / 8 (

Regarding (the ruling of passing three divorces), whether it is suspended orfor

immediate effect, the ruling is as our great Imams have mentioned (that three takes

place). There is no consideration for what a group of the Shia's and Zahiri's mention

that only one divorce takes place. Even though, from the latter day Scholars, such a

person chose this view whose opinion holds no weight. Only those followed him who

Allah has led astray. (Nihayah al-Muhtaj 7/8 Dar al-kutub al-ilmiyyah)

) - 3 / 396 )

The statement of the author makes one understand that by joining three divorces,three divorces will take place. This is the view of the Imams. It is narrated from

Hajjaj ibn Artaah, a group from the Shia's and Zahiri's that only one divorce takesplace. , From the latter day Scholars, such a person chose this view and passed

verdict according to it whose opinion holds no weight. Only those followed him who

Allah has led astray.(Mughni al-Muhtaj 3/396 Dar al-fikr)

) - 7 / 73 )

Imam Baghawi (may Allah Taala have mercy on him)mentions that if a person

says to his wife, You are separated by two or you are separated by three, and heintends divorce then divorce will take place according to the number he

intended.(Rawdha al-talibeen 7/73 Dar al-fikr)

) - 18 / 227 (

...


30/54

:

If anybody joinsthree or more divorces in one word then three will take place.

Imam Malik and Imam Abu Hanifa (may Allah Taala have mercy on them)mentions that it is not permissible for any person to join three divorces at once

however three will take place. This is similar to giving talaq whilst the woman is in

her menses (i.e. it is not permissible but takes place). This is also the view of

Sayidina Umar, Ali, Ibn Abbas and Ibn Mas'ood (may Allah be pleased with them).

(Al-Majmoo 18/227 Maktabah al-Muteei)

) - 1 / 44 )

The opinion of Shafies (on this issue) is more known (that three divorces take

place) than a fire on a high mountain. (Al-Ishfaq 1/44, Saeed Company)

HAMBALI MADHAB

) - 5 / 240 )

( ) ( )

If a husband divorces his wife thrice in one wording then she becomesimpermissible for him. This is established from textual evidence of the Quran and

Sunnah. This is also transmitted from Sayidina Umar, Ali, Ibn Mas'ood, Ibn Abbas

and ibn Umar (may Allah be pleased with them).(Kashaf 5/240 Dar al-fikr)

) - 10 / 334 (

:

If a husband divorces his wife thrice in one wording then three divorces takes


31/54

place and she will be impermissible for him until she first remarries. (Al-Mughni10/334 Dar Alam al-Kutub)

) - 8 / 334 )

.

If he divorces her three divorces together before issuing one revocable divorce, shewill be divorced thrice, even though he did not intend it. This is the correct view of

the madhab. He has mentioned this repeatedly. This is the view of the Scholars (of

the madhab) and in fact the view of the four Imams and all their followers. (Al-

Insaf 8/334 Dar ihya al-Turath al-Arabi)

- ( 1 / 21

)

The first chapter is with regards to three divorces; three divorces would takeplace, this is the correct view in the madhab. The wife will not be permissible until

she marries another husband as will soon be mentioned. This view is clearly

mentioned in most books of the Hambali madhab. Hence, we will not turn away

rom this view.(Sayr al-haath 1/21 Dar al-Bashair al-Islamiyyah)

) - 3 / 122 )

:

If a husband says to his wife You are divorced thrice then three divorces take

place even though he intended only one.(Al-Kafi 3/122 Dar ihya kutub al-

Arabiyyah)

VIEWS OF PRESENT DAY SAUDI SCHOLARS

Mufti Rasheed Ahmad Ludhwani (may Allah Taala have mercy on him) has

included in volume five of Ahsan al-fatawa (223-372) the detailed verdict of thestanding Committee of Scholars of Saudi who agree that three divorces are equal to


32/54

three. Amongst others, the verdict was signed by the following Scholars:

1) Ibrahim bin Muhammad aal al-Shaykh(may Allah Taala have mercy on him)

2) Abdur Razzaq Afeefy(may Allah Taala have mercy on him)

3) Abdullah bin Sulayman bin Manee(may Allah Taala have mercy on him)

4) Abdullah bin Abdur Rahman bin Ghadyan(may Allah Taala have mercy on

him)

APPARENT PROOFS OF THOSE WHO OPINE THAT THREE DIVORCES

IS EQUAL TO ONE

Due to the misunderstanding or incorrect application of certain texts, some people

were led to believe that three divorces are equal to one. Below we have cited their

proofs that three divorces constitute one and thereafter we have responded to eachone of them.

) - 5 / 227

)

] ]

As for those who regard three divorces as one, they use as proof both, texts (from

Hadith) as well as Qiyas (analogy).

(In order to facilitate for easier reading, we have mentioned the answer immediately

after each of their proofs)

Arguments FROM HADITH generally given by those who say that three

divorces are considered as one

FIRST PROOF

1) - -


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. .

Abdullah bin Abbas(may Allah Taala be pleased with him) reported that the

pronouncement of three divorces during the lifetime of Allah's Messenger and that of Abu Bakr and two years of the Caliphate ofUmar was treated as one. Thereafter, Umar bin Khattab (may Allah Taala be

pleased with him) observed, Verily the people have begun to hasten in a matter

wherein they were required to observe respite. So if we had imposed this upon them

(it would be appropriate). Thus, he imposed it upon them.

This narration is narrated in the following works,

1) Saheeh Muslim (4/183 Dar al-Jeel)

2) Al-Mustadrak li al-Hakim (2/214 Dar al-kutub al-Ilmiyyah)

3) Sunan al-Dar Qutni (4/46 Dar al-Marifah)

4) Sunan al-Kubra li al-Bayhaqi (7/336 Maktabah Dar al-Baz)

5) Al-Mujam al-Kabeer (11/23 Maktabah al-uloom wa al-hikam)

ANSWERs TO THE FIRST PROOF

There are numerous answers to this narration. Hereunder, we have selected just a

few:

1. There is idhtirab in this narration.

A Mudtarib narration is that narration which has been narrated through many

different ways in such a way that we cannot give preference to any one nor can we

combine all the variations. In other words, there is disagreement in its chains ofnarrators or text so that it cannot be compromised or made to agree.

160

2. Many have suggested that this narration is "mansookh" (abrogated). The

underlying reason for this is that Abdullah Ibn Abbas (may Allah Taala be pleased

with him) narrated this hadith and he himself used to issue the verdict that threetalaqs given at once are valid and effective as we have established above. It cannot

possibly be perceived that a person like Ibn Abbas (may Allah Taala be pleased


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with him) will know something from Nabi andthereafter issue a verdict in contrast to it. In fact, Ibn Abbas (may Allah Taala bepleased with him) was a person who used to strongly object on Umar (may Allah

Taala be pleased with him) on matters which he differed. Examples of this is muta

of haj, selling one dirham in exchange of two dirhams, selling Umm walad slaves

etc; on all these issues Ibn Abbas (may Allah Taala be pleased with him) differedwith Umar. If he was of the view that in the time of Nabi three divorces were regarded as one, there is no reason why he did not differhere. In fact, he has passed numerous verdicts in favour of the decision of Umar

(may Allah Taala be pleased with him). Since Ibn Abbas (may Allah Taala bepleased with him) himself rules that three divorces in one session equals to three, it

is obvious that the previous opinion was his first opinion and this is his last opinion,

otherwise he would not have paused for a while before making his decision. This

clearly indicates that he withdrew his first opinion and held that threepronouncements amount to three and not one. In fact, this was not the case only with

Ibn Abbas (may Allah Taala be pleased with him); Umar (may Allah Taala be

pleased with him) enforced this ruling in the presence of all the Sahabah and none ofthem objected to it. Not a single Sahabi gave a different view or opposed Umar(may Allah be pleased with them). On the contrary, all of them subsequently ruled

the same unanimously. This consensus informs us quite evidently that either this

narration was abrogated or muawwal (reinterpreted) in the knowledge of the

Sahaba. (One important point to remember is that Umar (may Allah Taala be

pleased with him) himself did not abrogate the law of Nabi , this has been refuted in many commentaries of hadith. Rather, theconsensus of Sahabah is an indication that this was abrogated in the time of Nabi

. Consider all the marfoo narration which we citedabove. Thus, this clearly indicates that Umar (may Allah Taala be pleased with

him) did not introduce anything new in Shariah; rather, he merelyreinforced a rulewhich has been corroborated by many authentic ahadith (as have been cited

earlier). Ibn Hajar (may Allah Taala have mercy on him) equates this masala with

that of mutah (temporary marriage) as Jabir (may Allah Taala be pleased with him)

mentions that it was practiced in the era of Nabi ,Abu Bakr (may Allah Taala be pleased with him) and portion of the era of Umar

(may Allah Taala be pleased with him) after which Umar (may Allah Taala bepleased with him) prohibited it. So just as mutah is prohibited so too three divorces

take place because of the ijma in the era of Umar (may Allah Taala be pleased wit h

him). (Fath al-Bari 9/365, Dar al-Marifah, Beirut)

) - 3 / 325)

14519 - :


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:

3. There is a missing link in the chain of this narration

) - 1 / 55 )

( )

4. Numerous Scholars from the mutaqidimeen (previous scholars) used to

weaken this narration based on the following reasons:

1. It is shadh (isolate, a narrator contradicts the narration of someone who ismore authentic). This is because of one of two reasons; firstly, Taus (may Allah

Taala have mercy on him) is the only narrator of this hadith with no one to supporthim. This is in contrast to what all other narrators reported. Imam Ahmad (may

Allah Taala have mercy on him) has said, All the students of Ibn Abbas (may

Allah Taala be pleased with him) narrate it completely opposite to how Taus (may

Allah Taala have mercy on him) narrated it. Ibn Rajab (may Allah Taala havemercy on him) said, I spent much time with this narration but could not find any

basis for it. The second reason is what Imam Bayhaqi (may Allah Taala have

mercy on him) has cited from Ibn al-Mundhir (may Allah Taala have mercy on

him) after quoting many verdicts where Ibn Abbas (may Allah Taala be pleased

with him) considered three as three, he says, It cannot possibly be perceived that aperson like Ibn Abbas (May Allah Taala be pleased with him) will know something

from Nabi and thereafter issue a verdict in contrastto it.

2. The narrator Taus (may Allah Taala have mercy on him) has been accused

of narrating munkar ahadith. Ayub (may Allah Taala have mercy on him) used tobe amazed at the amount of mistakes Taus (may Allah Taala have mercy on him)

used to make. (As Sayr al-haath 28-29 Dar al-Bashair al-Islamiyyah) In fact, this

is one of the primary reasons why Imam Bukhari (may Allah Taala have mercy on

him) did not narrate this hadith, as mentioned by Imam Bayhaqi (may Allah Taala

have mercy on him). (al-Sunan al-Kubra 7/336, Maktabah Dar al-Baz)

3. Allamah Al-Kawthari mentions that if Abu Sahba is the mawla (freed slave)

of Ibn Abbas (May Allah Taala be pleased with them), then he is weak. And if it isanyone else, then he is majhool (unknown). (Al-Ishfaaq ala Ahkam at talaaq 1/55)

4. To further proof the weakness of this hadith, Imam Taus himself told the


36/54

people,

) - 1 / 39 )

:

( ) :

) - 12 / 384)

:

"Whoever tells you that Taus narrated three divorce to be one then do not believehim"

5. Beside Ta'us everybody else narrates that Ibn Abbas (may Allah Taala be

pleased with him) was of the opinion that three is three. It is also not possible that

Ibn Abbas (may Allah Taala be pleased with him) learned something from Nabi

and thereafter passed a verdict to the contrary.Therefore, it is better to take what the majority narrated from Ibn Abbas (may Allah

be pleased with him).

5. This ruling was regarding a specific scenario in which a person repeats the

word divorce intending to emphasis. If anyone had to lie regarding his intention, he

would be exposed through revelation. Also, this was a time of honesty, truthfulnessand reliability. As time went on, and the people moved further from the blessings of

prophet hood, a general decay came about. It became common already from the era

of Umar (may Allah Taala be pleased with him) that people were illegally using

this as an excuse to take their wives back. Umar (may Allah Taala be pleased withhim) passed the verdict that this will no longer be accepted. This ruling was

sanctioned by each and every Companion. In short, the ruling was changed becauseof circumstances. An example of this is the verse in the noble Quran where Allah

Taala mentions eight categories of the people who are worthy of zakah. During the

era of Umar (may Allah Taala be pleased with him), all the Sahaba reached

consensus that the mu allifat al-quloob (zakah given to attract disbelieverstowards Islam) be excluded from these eight categories. In the earlier period of

Islam, Muslims were in the minority and weak, thus, the disbelievers were attracted

towards Islam by awarding them with zakah. Now, in the period of Umar (may


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Allah Taala be pleased with him), the number, might and power of Muslimsincreased rapidly, hence there was no more any reason to give zakah to the kuffar. In

this instance, the law changed due to the change of circumstances. Similarly is the

issue of three divorces.

6. Many people were unaware that three talaqs equaling to one has beenabrogated. Umar (may Allah Taala be pleased with him) made a concerted effort tomake apparent the abrogation. This caused unanimity amongst the Companions.

(Ilaa al-Sunan11/170 Dar al-kutub al-Ilmiyyah)

7. This is referring to a person who does not consummate the marriage and

divorces his wife with three separate words. If the husband told his wife with whom

he did not have intercourse yet, that I give you talaq, I give you talaq, I give you

talaq, indeed, in this case, only the first divorce will be counted and the remainingtwo divorces are ineffective. Ibn Mansoor has narrated this from Ishaq bin

Rahooyah and it is also further supported by the following narration of Sunan Abi

Dawood,

) - 2 / 228 )

2201 - - - -

- .

8. There is no proof or even indication in this narration to show that Nabi

approved and acknowledged that three is equal-toone.

9. Ibn Rajab al-Hambali (may Allah Taala have mercy on him) has discussedthis beautifully. He says, Know that the verdicts of Umar (may Allah Taala bepleased with him) are all in one of two categories; either there is a verdict known

from Nabi or not. If there is no verdict known,then this is also of two types; either Umar (may Allah Taala be pleased with him)gathered the Companions to discuss this issue and they all came to a decisiveconclusion. In this case, there will be no doubt that the verdict is correct. This issue

(three divorces) is an example of such a case. There are many other examples (like

the verdict that a person who has intercourse whilst in ihram should continue withhis haj and hady and qadha will be binding on him). The second type is regarding

issues where other Companions differed with Umar (may Allah Taala be pleased

with him). In these issues, it will still be permissible to have difference of opinion. If


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a verdict has been transmitted from Nabi in contrastto the verdict of Umar (may Allah Taala be pleased with him), then there will beone of four scenarios:

1. Umar (may Allah Taala be pleased with him) retracted his verdict and

practiced on what has been transmitted from Nabi .In this case, there will be no consideration for the first verdict which he used to pass.

2. There are two verdicts related from Nabi . Inthis case, the verdict that Umar (may Allah Taala be pleased with him) passes will

(be an indication of) abrogation for the contradicting verdict.

3. Nabi permitted an action to be carried out indifferent ways. Umar (may Allah Taala be pleased with him) will choose thatwhich is best and most suitable and impose it on the people. It will not be permittedfor anyone to practice in contrast to what he has chosen.

4. Nabi issued the verdict for a certain reason.This verdict terminates with the termination of that reason. Alternatively, there is

something found which prevents one from practicing on the verdict of Nabi .

Ibn Rajab (may Allah Taala have mercy on him) continues, The issue of three

divorces is either from second or forth category. He further states that it is notknown of any person who clearly opposed the verdict of Umar (may Allah Taala be

pleased with him); whether by judgment of court (qadha) or as a religious ruling(ifta). An extremely small group has (recently) opposed this view; however their

contemporaries have refuted them. (As Sayr al-haath 35, 36, Dar al-Bashair al-

Islamiyyah)

10. When comparing the above narration with the narration of Ayesha (may Allah

Taala be pleased with her) and Rifaah (may Allah Taala be pleased with him) (the

third and forth ahadith which we have narrated), it becomes apparent that there hasto be one of two conditions referred two in this narration; either the divorces were

separate or together. If they were separate, then this has nothing to do with the issueat hand (i.e. the woman will be separated with the first divorce). And if we assumethat the divorces were given together, then according to the principles of those who

opine that three divorces are one, the narration which is in both Bukhari and Muslim

gets preference over that narration which is only in Muslim. (Ahsan al-fatawa 9/366, Saeed)

11. A possible meaning and interpretation is that people generally used to issue


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only one or at most two divorces during the era of Nabi and Abu Bakr (may Allah Taala be pleased with him). However, in the eraof Umar (may Allah Taala be pleased with him) they became hasty and beganissuing three divorces for trivial issues.

- ) - 2 / 34)

: )

) - 7 / 336)

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:

: .


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- ) - 9 / 363)


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- ) - 9 / 365 - )

) - 10 / 71 - )


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- ) - 3 / 238)

:

) - 5 / 255)

: :

: :

) - 8 / 197 )

SECOND PROOF

2)

" .

Abu Sahba (may Allah Taala have mercy on him) asked Ibn Abbas (may Allah


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Taala be pleased with him) Do you not know that three talaqs were considered to

be one during the era of Rasulullah , Abu Bakr (mayAllah Taala be pleased with him) and the beginning of Umar (may Allah be pleasedwith him)s reign? Ibn Abbas (may Allah Taala be pleased with him) repliedin the

affirmative.

This narration is narrated in the following works:

1) Sunan Abi Dawood (2/228 Dar al-kitab al-Arabi)

2) al-Sunan al-Kubra li al-Bayhaqi (7/338 Maktabah Dar al-Baz)

ANSWER TO THE SECOND PROOF

Many Scholars of hadith have stated that this narration and the above narration areboth the same. Hence, every answer that has been cited above should also be fitted

here. Added to all the above, there is also idtiraab (see definition above) in the sanad(chain of transmission) of this narration. At times, it is reported that Taus (mayAllah Taala have mercy on him) narrated it from directly Ibn Abbas (may Allah

Taala be pleased with him), at times it is said he heard it from Abi al-Sahba who

narrated it from Ibn Abbas (may Allah Taala be pleased with him), at times it is

said Abi al-Jawza from Ibn Abbas (may Allah Taala be pleased with him). (Ahsan

al-fatawa 5/367, H. M Saeed)

THIRD PROOF

3) - - " : " " " "

: { }

Ibn Abbas (may Allah Taala be pleased with him) narrates that Abd Yazid (may

Allah Taala be pleased with him) divorced his wife and married someone else from

the tribe of Muzayna. This woman who he married came to Nabi and took hold of a strand of hair and said, He does not benefit


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me except how this one strand of hair benefits me, so please separate the two of us.

Nabi became upset and called for Rukana and hisbrother's (may Allah be pleased with them). Nabi said to those around Him, Don't you see that so and so bears a certain

resemblance to Abd Yazid, while so and so bears a certain resemblance to Abd

Yazid (as well)? They replied in the affirmative. Nabi then asked Abd Yazid to divorce this woman. After divorcing her Nabi told Abd Yazid (may Allah Taala be pleased withhim) that if he wished, he could take his previous wife back. Abd Yazid (may Allah

Taala be pleased with him) responded, O Nabi of Allah , I have divorcedher thrice. Nabi said, Iam aware of that. Take her back! Thereafter Nabi recited the verse: "O Messenger of Allah, when you divorce women then divorce

them for their prescribed periods.

The above narration is in the following works:

1) Sunan Abi Dawood (2/228 Dar al-kitab al-Arabi)

2) al-Mustadrak li al-Hakim (2/533 Dar al-kutub al-Ilmiyyah)

3) al-Sunan al-Kubra li al-Bayhaqi (7/339 Maktabah Dar al-Baz)

ANSWERs TO THE THIRD PROOF

1) This narration is weak because of there being a few majhool (unknown)narrators. In numerous works it is narrated the person who narrated it to Ibn Jurayj is

unknown. Allamah Al-Khattabi (may Allah Taala have mercy on him) has stated,

There is a defect in this narration, because Ibn Jurayj narrated it from an unknown

person who narrates it from the offspring of Abi Rafi and he did not name him. A

proof cannot be established from someone unknown.(Maalim al-Sunan3/126) In

some books like Musannaf Abdur Razzaq, Al-Mustadrak li al-Hakim etc, theunknown narrator has been specified as Muhammad bin Ubaydullah bin Abi Rafi.

However, he is extremely weak, as Allamah Ad Dhahabi (may Allah Taala have

mercy on him) has stated,

) - 2 / 533 (

:


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Likewise, Allamah Ibn Rajab al-Hambali (may Allah Taala have mercy on him) has

said, There is consensus on his weakness. (As Sayr al-hath 31 Dar al-Bashair al-Islamiyyah) Allamah Al-Mundhiri (may Allah Taala have mercy on him) has said,

Imam Ahmad (may Allah Taala have mercy on him) considered all the chains ofthis hadith as weak. This has also been reported from Khatabi (Zad al-Maad5/237). Furthermore, Ibn Jurayj himself was not a Muslim, as mentioned above in

the statement of Imam Dhahabi (may Allah Taala have mercy on him). Hence, this

hadith does not hold any weight.

2) Imam Bukhari (may Allah Taala have mercy on him) comments that there isidtirab (See definition above) in this hadith. In some narrations it is quoted as I

divorced my wife three times. In others it is mentioned that he issued one divorce

whereas in others it is mentioned that he said, I have divorced my wife absolutely(al-Batata).

3) Imam Nawawi (May Allah Taala have mercy on him) stated,

) - 10 / 71 -

)

Possibly the one narrating this weak hadith thought that the word al-Batta meansthree; hence he narrated the meaning according to what he understood and made a

mistake. (Sharh al-Nawawi ala Muslim 10/71, Dar Ihya al-Turath al-Arabi)

4) One of the greatest proofs that only one divorced was issued is that it is clearlystated in the narration of Musnad al-Shafi (1/268, Dar al-kutub al-ilmiyyah), Sunan

Abi Dawood (2/231 Dar al-kitab al-Arabi), Sunan Al- Dar Qutni (4/33, Dar al-

Marifah), etc that,

.

He gave her the second divorce in the time of Umar and the third in the era of


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Uthmaan.(May Allah Taala be pleased with them)

This clearly shows that only one divorce was issued in the time of Nabi .

5) Imam Abu Dawood (may Allah Taala have mercy on him) mentioned that itis better to give preference to those narrations wherein it is mentioned that only one

divorce was issued on the basis that members of the very household of Rukanah

(may Allah Taala be pleased with him) are the narrators of those narrations. Peopleare generally more aware of the affairs that take place in their own homes. In this

case, the grandson says that his grandfather issued the divorce al-batta to hisgrandmother, and thereafter she clearly says that one divorce was intended, while

the outsiders say that he gave three divorces. Surely, the narration of a family

member is more accurate in family matters than anybody else!

6) Even if we assume the narration of three divorces as correct, there is no

mention whether these three divorces were in one sitting or more. (Ahsan al-fatawa5/273, H.M Saeed)

- ) - 9 / 364)

- ( 3 / 480)

1177 - : !


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(

)

:

) - 10 / 71 -

)

) - 5 / 233)

" " : " " " "

- -

) - 5 / 229)

.

[ 234 ] : .


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1) Sunan Abi Dawood (2/228 Dar al-Kitab al-Arabi, Beirut)

2) Al-Sunan al-Kubra li al-Bayhaqi (7/339 Maktabah Dar al-Baz)

3) Musnad Ahmad (1/265 Muassasah al-Qurtuba)

ANSWER TO THE FOURTH PROOF

Many Scholars of hadith have authenticated this narration. In reality, this is a prooffor us, who regard three divorces as three, as Abu Bakr al-Jassaas (may Allah Taalahave mercy on him) has said,

) - 2 / 85 - )

If he had not had the scope of making the intention ofthree, Nabi would not make him take an oath that he only intendedone.(Ahkaam al-Quraan 2/85, Dar ihya al-Turath al-Arabi)

Similarly, Ibn Qudamah (may Allah Taala have mercy on him) mentions,

) - 3 / 106)

If three would not take place, there would not be any reason for him to take an

oath. (Al-Kaafi 3/106

Allamah Sindhi (May Allah Taala have mercy on him) mentions,

) - 5 / 92)

This denotes that had he intended three, three would have taken place, otherwise,

there would not be any reason for him to take an oath.(Hashiyah al-Suyuti wa al-

Sindi ala Sunan al-Nasai 5/92)


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FIFTH PROOF

5) :...

Umar (May Allah Taala be pleased with him) said, I only regret three

things(one of the three is) that I should not prohibit three divorces (from equalingone).

This narration appears in Musnad Abi Awanah.

ANSWERs TO THE FIFTH PROOF

As for the narration that Umar (may Allah Taala be pleased with him) regretted the

verdict he passed, there are two answers to this.

1) The first is that Yazid ibn Abi Malik did not meet with Umar (may Allah be

pleased with him). Furthermore, Abu Mushir and Ibn Hajar (may Allah Taala havemercy on them) accused him of tadlees (This is where a narrator conceals the name

of his teacher, or of his teachers teacher). Hafidh Dhahabi (may Allah Taala have

mercy on him) mentions that he makes tadlees with people he never met.

2) Regarding another narrator, Khalid ibn Yazid, great Scholars like Yahya ibn

Ma'een, Ahmad, Nasai and Dar qutni, Ibn Jarood, Uqayli, Abu Dawood etc (mayAllah Taala have mercy on them all) all graded him as he is weak. Yahya ibn

Ma'een (may Allah Taala have mercy on him) remarked that his book deserves tobe buried. He did not suffice by merely lying against his father but went on until he

lied against the Sahaba (may Allah be pleased with them). Hafidh Ibn Hajar (may

Allah Taala have mercy on him) narrating from Ibn Hibban (may Allah Taala havemercy on him) says that he narrates manakeer. Abu Dawood (may Allah Taala have

mercy on him) says that he is matrook al-hadeeth (accused of lying in day to dayconversations). (Ahsan al-fatawaa 5/329, H. M. Saeed)

( 1/ 108)

QIYAAS

SIXTH PROOF

6) - ) - 2 / 33)


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Allah Taala ordered His servants to issue divorce in a certain way. By issuing

divorce in any other way, a person will be contravening this commandment. Hence,

the divorce will not take place at all. This is similar to the scenario that if person A

orders person B to divorce his (As) wife in a certain way, but person B divorcesperson As wife in any other way, the talaq will not take place. Similarly is the case

when a person divorces in any other way besides what Allah Taala hascommanded.

ANSWERs TO THE SIXTH PROOF

1) The first response is that if we have clear proof from Quran and hadith, it is

not permissible to resort to analogy.

2) There are many things which are prohibited in the shariah, yet if a person

perpetrates those actions they will still take place. Example of this is zihar (a personcomparing his wife with any of those women with whom it is prohibited for him to

marry) and giving divorce whilst the wife is in her menses. Furthermore, this differswith the scenario where a person appoints another person because the one who isappointed is actually carrying out actions on behalf of the one who appointed him.

Thus, the appointed one stands in place of the one who appointed him (all actionswill be attributed to the one who appointed). Therefore, if the appointed one carries

out the action as commanded, it will be binding, and if not, it will not be binding.This is in contrast to normal divorces where people are acting on behalf of

themselves. Hence, they cannot assume the position of someone else. They will be

accounted for their own actions even if they perpetrate something which they have

been prohibited from.

- ) - 2 / 33)


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One common answer for all the above proofs is that they are all khabr wahidwhich

contradicts ijma (consensus). When there is a contradiction between ijma

(consensus) and khabr wahid(a narration whose narrators are not as many astawatur and it is distinguished in many ways depending on different aspects), theformer is given preference. (Ahsan al-fataawaa 5/324, H. M. Saeed)

) - 1 / 319 - )

:

CONCLUSION

In conclusion, the evidences cited to support our view and the view of majority of

the ummah that three talaqs in one sitting is considered as three is overwhelmingand convincing. Furthermore, the arguments presented by those who opine that three

is considered to be one have also been thoroughly rebutted. We therefore encourage

the reader to study this treatise with an open heart and mind and consider thearguments presented without prejudice and emotion. Should anyone have any


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further objections, we urge them to feel free to forward them to us for consideration.However, it is important that the objections are sound academic arguments and well

substantiated.

And Allah knows best

Wassalam

Jointly prepared by:

Ml. Ishaq E. Moosa, & Ml. Ismail Moosa,Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai

Darul Iftaa, Madrassah In'aamiyyah

Source

From Q&AIslamic Fataawa primarily based on the Hanafi school of law
http://askimam.org/fatwa/fatwa.php?askid=544a5c7a1bdea87eb53cbfb0aa526cc5http://askimam.org/fatwa/fatwa.php?askid=544a5c7a1bdea87eb53cbfb0aa526cc5http://s.evernote.com/clarbanadhttp://askimam.org/fatwa/fatwa.php?askid=544a5c7a1bdea87eb53cbfb0aa526cc5

issue of triple talaq

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