Three divorces issued at once are counted as three
Question:
Many people in the U.K consider three divorces issued in one gathering, as one. Is this view correct? If not, please provide a detailed explanation of what is the correct view according to the Ahlus Sunnah Wal Jamaa’ah!
Answer:
Regarding the three-Talaaq issue, we are presenting the following research for you to study. The Ulema of Saudi and Dubai who claim that three Talaaqs in one sitting is counted as one, are referred to as the ”Ghair Muqallideen” in the research quoted below. The discussion will clearly highlight the erroneous stance that these Ulema have adopted.
VIEW OF THE GHAIR MUQALLIDEEN
The view of the Ghair Muqallideen, whereby they claim that issuing of three Talaaq at once is equivalent to a single Talaaq (i.e. one Talaaq), is totally incorrect and deceiving. This view contradicts the Quraan, Hadith, consensus of the Sahaaba, and the unanimous view of the pious predecessors, Fuqaha, Mashaaikh and the Aimmah-e-Muslimeen such as Imaam Abu Hanifa Rahimahullah, Imaam Maalik Rahimahullah, Imaam Shafi Rahimahullah and Imaam Ahmad Rahimahullah.
Once three Talaaqs have been issued, Nikah is not permitted (with the ex-spouse) until a Shari’ee Halala takes place, and it is Haraam for the couple to continue living together as husband and wife. If the couple continue living together after three Talaaqs, then both spouses will be considered as adulterers and perpetrators of sin. By accepting the Fatwa of the Ghair Muqallideen and going against the correct view (which is, the woman is Haraam upon the husband as a result of being divorced thrice), she will not become Halaal. In the Quraan Sharif Allah Ta’ala mentions,
الطلاق مرّتن فامساك بمعروف او تسريح باحسان
Talaaq is twice, then hold her back in a good manner or dismiss her with kindness
COMMENTARY OF THE ABOVE VERSE
All the commentators of the Quraan Sharif agree that the reason for the revelation of this verse is that in the initial stages of Islam people would issue countless divorces to their wives. When the Iddat of the women would be on the verge of expiring the husband would retract from his divorce and return to the wife. Thereafter he would issue a further Talaaq and once again retract prior to the expiry of the Iddat. This verse of the Quraan Sharif was then revealed to rectify to this incorrect practice.
We understand from this verse that Talaaq-e-Raji’ee can only be issued twice (i.e. a revocable divorce after which the husband is permitted to return to his wife). If he issues the third divorce the husband is no longer able to return to his wife as the Quraan Sharif states,
فان طلقها فلا تحل له من بعد حتى تنكح زوجا غيره الخ (سورة بقرة اية 230)
If he issued (the third) Talaaq then she (the ex-wife) will not be Halaal for him (the ex-husband) until she marries a husband other than him (the ex-husband).
This verse means that the habit of the people of ignorance divorcing the woman and returning to her, is no longer acceptable. This also means that الطلاق مرّتن refers to two Talaaq Raji’ee (taking place), whether the two have been issued in two separate Tuhr (i.e. clean period which is free of bleeding), or whether both have been issued in one Tuhr but in separate gatherings, or whether it was issued in one gathering with different wordings, or whether all three were uttered in one word. This meaning corresponds with the Shaan-e-Nuzoool (reason of revelation) of the verse.
This meaning is further corroborated by the following Hadith. A person asked Rasulullah Salallahu Alaihi Wasallam that after the Quraan mentions, الطلاق مرّتن where is the third Talaaq mentioned? He replied, ” او تسريح باحسان (dismiss her with kindness)”, which is mentioned immediately thereafter is in reference to the third Talaaq.
THREE TALAAQS IN BUKHARI SHARIF
In Bukhari Sharif, Imaam Bukhari Rahimahullah has recorded a chapter proving the permissibility of three Talaaqs, which is titled with the verse of the Quraan Sharif which has been quoted above. The heading is,
باب من اجاز طلاق الثلاث لقول الله تعالى الطلاق مرّتن فامساك بمعروف
Chapter of who permits three Talaaq, as the word of Allah Ta’ala is, Talaaq is twice, then hold her back in a good manner
The conclusion is that the law of Talaaq mentioned in the Quraan is not explaining the sequence of divorce, rather, the Quraan is explaining the number of divorces. It is explaining the point up until when is a man is able to retract and return to his wife, and when does the right of returning to the wife terminate.
The right of issuing divorce is given to a man upon marrying a woman. When he uses this right, then it is exhausted, whether he uses it individually or all at once. No matter how he uses this right, it will be exhausted. The example of this is that of a person that has three Dollars and utilises them at three different occasions, or he purchases some goods for three Dollars at once. In both cases the Dollars will be exhausted and leave his ownership.
MISUNDERSTANDING OF THE VERSE
As for those that do not agree that three Talaaq are counted as three, they translate the word مرّتن in the verse as “مرة بعد مرة” which means that Talaaq cannot be issued at once but Talaaq has to be issued in sequence (i.e. the first is issued then the second and then the third.) They are of the opinion that according to the verse of the Quraan Sharif one is not permitted to issue two or three divorces at once.
By making such a claim their proof is flawed, as they claim that three Talaaq cannot take place in one gathering, whether the Talaaq was issued in one sentence or in different sentences. From the proof mentioned above we understand that if a person tells his wife, “You are divorced, You are divorced, You are divorced”, then three Talaaq should fall in accordance to the verse of the Quraan. They still claim that one Talaaq takes place in spite of this sequence being followed.
In this case it is quite evident that their proof is incorrect and they are merely using this proof to overcome their opponent. As for their claim that Talaaq should be issued in different gatherings in succession, then our question to them is, if we take the meaning of “ مرة بعد مرة”, even then it does not demand that the gatherings be different. Just the action of issuing the divorce have to different which can be carried out in one Majlis as well.
THREE TALAAQ TAKING PLACE IN ONE MAJLIS
If the meaning of the Aayat of the Quraan Sharif is that three Talaaqs in one gathering do not take place then this would have certainly been emphasized and supported by the Ahadith of Rasulullah Salallahu Alaihi Wasallam as the Ahadith of Rasulullah Salallahu Alaihi Wasallam is an explanation to the Quraan Sharif. Allah Ta’ala mentions in the Quraan,
وَأَنزَلْنَا إِلَيْكَ الذِّكْرَ لِتُبَيِّنَ لِلنَّاسِ مَا نُزِّلَ إِلَيْهِمْ وَلَعَلَّهُمْ يَتَفَكَّرُونَ
We have revealed the Reminder (the Quraan) to you (O Muhammad Salallahu Alaihi Wasallam) so that you may explain to the people what (injunctions of the Shari’ah) has been revealed to them, and so that they may reflect (carefully).
The narrations of Rasulullah Salallahu Alaihi Wasallam and the decision of Rasulullah Salallahu Alaihi Wasallam in regards to this discussion that have been mentioned in the books of Hadith, indicate that three divorces take place in one Majlis (gathering). It is a different aspect that this method of issuing Talaaq contradicts the way shown by the Shariah, as a result of which the person issuing three Talaaqs will be regarded as sinful. Let us study the decisions of Rasulullah Salallahu Alaihi Wasallam.
أخبرنا سليمان بن داود أبو ربيع قال أنا بن وهب قال : أخبر رسول الله صلى الله عليه و سلم عن رجل طلق امرأته ثلاث تطليقات جميعا فقام غضبانا ثم قال أيلعب بكتاب الله وأنا بين أظهركم حتى قام رجل وقال يا رسول الله ألا أقتله (نسائى)
Rasulullah Salallahu Alaihi Wasallam was informed that a certain person had divorced his wife thrice, at once. Rasulullah Salallahu Alaihi Wasallam stood up angrily and said, “Is the Kitaab of Allah being played with whilst I’m amongst you. (Looking at the anger/ displeasure of Rasulullah Salallahu Alaihi Wasallam), a person stood up and said, “Should I not kill him?”
The above Hadith clearly indicates that three Talaaq in one sitting are effective. If three Talaaqs in one sitting were not valid then Rasulullah Salallahu Alaihi Wasallam wouldn’t have become angry. He would have said, “You may return to your wife.” Qaadi Abu Bakr Ibn Arabi has mentioned in regards to this Hadith that, Rasulullah Salallahu Alaihi Wasallam had approved of the three divorces taking place as in the incident of Uwaimir Ajlaani (whose incident will appear further).
فلم يرده النبى صلى الله عليه وسلم بل امضاه كما فى حديث عويمر العجلانى فى اللعان حيث امضى طلاقه الثلاث ولم يرده (تهذيب سنن ابى داود ص129 ج3)
Rasulullah Salallahu Alaihi Wasallam did not reject it but rather approved that three Talaaqs take place as in the Hadith of Uwaimair Ajlaani in regards to Liaan, where Rasulullah Salallahu Alaihi Wasallam had approved the effectiveness of three Talaaq and didn’t reject it.
اخبرنا أبو عبد الله الحافظ وأبو بكر أحمد بن الحسن قالا : ثنا أبو العباس محمد بن يعقوب ، ثنا أبو أمية الطرسوسي ، ثنا معلى بن منصور الرازي ، ثنا شعيب بن رزيق ، أن عطاء الخراساني حدثهم عن الحسن قال : حدثنا عبد الله بن عمر انه طلق امرأته تطليقة وهي حائض ، ثم أراد أن يتبعها بتطليقتين اخراوين عند القرئين الباقيين ، فبلغ ذلك رسول الله صلى الله عليه وسلم فقال : ‘ يا بن عمر ! ما هكذا أمرك الله ، إنك قد أخطأت السنة ، والسنة أن تستقبل الطهر فتطلق لكل قرء ‘ قال : فأمرني رسول الله صلى الله عليه وسلم فراجعتها ، ثم قال : ‘ إذا هي طهرت فطلق عند ذلك أو امسك ‘ فقلت : يا رسول الله ! أفرأيت لو اني طلقتها ثلاثا كان يحل لي أن اراجعها ؟ قال لي : ‘ كانت تبين منك فتكون معصية ‘(سنن البيهقى /سنن دار قطنى /مصنف ابن ابى شيبة)
Hassan Radiallahu Anhu narrates that Ibn Umar Radiallahu Anhu reports that he divorced his wife once whilst she was experiencing her menstrual cycle. He intended to issue a further two more divorces in her two clean periods (termed as Tuhr). When Rasulullah Salallahu Alaihi Wasallam was informed of this he said, “O Ibn Umar, Allah Ta’ala has not commanded you to do so, you have contradicted the Sunnah (by divorcing your wife in Haidh). The Sunnah method is that one waits for the Tuhr period (clean period), and a single divorce is issued per Tuhr. Then Rasulullah Salallahu Alaihi Wasallam commanded me to return to my wife thus I returned. He then said, “When she is clean after her menstrual cycle then you have a choice of either divorcing her or retaining her as your wife.” Ibn Umar Radiallahu Anhu says, ‘I then asked Rasulullah Salallahu Alaihi Wasallam, O messenger of Allah, If I had divorced my wife thrice, would it have been possible for me to return to her? Rasulullah Salallahu Alaihi Wasallam replied, “NO! In that case your wife would have been separated from you and this action of issuing three divorces (at once) would have been a sin.’ ”
وقال الليث عن نافع كان ابن عمر اذا سئل عمن طلق ثلاثا قال لو طلقت مرة او مرتين لكان لك الرجعة فان النبى صلى الله عليه وسلم امرنى بهذا (اي بالمراجعة) فان طلقها ثلاثا حرمت حتى تنكح زوجا غيره
Hadrat Naafi’ Rahimahullah narrates that when Ibn Umar Radiallahu Anhu was asked a ruling regarding that person who has issued his wife three divorces, he replied, “If you had issued one or two divorces then you could have returned to her as Rasulullah commanded me to return.” If he issued three Talaaq then she would be Haraam (for the husband) until she married another man (and the second husband then divorces her on his own free will or passes away then she will be permissible for the first husband after serving her Iddat). (Bukhari Sharif pg.792 vol.2)
His Fatwa has been recorded in Muslim Sharif,
وكان عبد الله إذا سئل عن ذلك قال لأحدهم اما انت طلقت امراتك مرة أو مرتين فأن النبي صلى الله عليه و سلم أمرني بهذا إن كنت طلقتها ثلاثاً فقد حرمت عليك حتى تنكح زوجاً غيرك وعصيت الله فيما امرك من طلاق امراتك مسلم ص476 ج1
In the narration of Bukhari and Muslim Sharif the words of Ibn Umar Radiallahu Anhu recorded below,
فأن النبي صلى الله عليه و سلم أمرني بهذا
refer to the incident which has been discussed above in detail which is recorded in Daar-e-Qutni. The Fatwa of Ibn Umar Radiallahu Anhu which Imaam Bukhari and Muslim have narrated, is strengthened by the narration of Daar-e-Qutni. Some have commented on the chain of narrators of the narration of Daar-e-Qutni. However, the scholars have written that the chain of narrators are quite strong and it is correct to use the Hadith as a proof. Those that have commented on the chain of narrators by claiming that it is weak, is totally baseless and due to ignorance of the principles of the Muhadditeen. (Aalaam-e-Marfooah pg.9/10)
نا أَحْمَدُ بْنُ مُحَمَّدِ بْنِ سَعِيدٍ , نا يَحْيَى بْنُ إِسْمَاعِيلَ الْجُرَيْرِيُّ , نا حُسَيْنُ بْنُ إِسْمَاعِيلَ الْجُرَيْرِيُّ , نا يُونُسُ بْنُ بُكَيْرٍ , نا عَمْرُو بْنُ شِمْرٍ , عَنْ عِمْرَانَ بْنِ مُسْلِمٍ , وَإِبْرَاهِيمَ بْنِ عَبْدِ الْأَعْلَى , عَنْ سُوَيْدِ بْنِ غَفَلَةَ , قَالَ: لَمَّا مَاتَ عَلِيٌّ رَضِيَ اللَّهُ عَنْهُ جَاءَتْ عَائِشَةُ بِنْتُ خَلِيفَةَ الْخَثْعَمِيَّةُ امْرَأَةُ الْحَسَنِ بْنِ عَلِيٍّ , فَقَالَتْ لَهُ: لِتَهْنِكَ الْإِمَارَةَ , فَقَالَ لَهَا: تُهَنِّينِي بِمَوْتِ أَمِيرِ الْمُؤْمِنِينَ انْطَلِقِي فَأَنْتِ طَالِقٌ فَتَقَنَّعْتُ بِثَوْبِهَا , وَقَالَتِ: اللَّهُمَّ إِنِّي لَمْ أُرِدْ إِلَّا خَيْرًا فَبَعَثَ إِلَيْهَا بِمُتْعَةٍ عَشَرَةِ آلَافٍ وَبَقِيَّةَ صَدَاقِهَا فَلَمَّا وُضِعَ بَيْنَ يَدَيْهَا بَكَتْ , وَقَالَتْ: مَتَاعٌ قَلِيلٌ مِنْ حَبِيبٍ مَفَارِقٍ فَأَخْبَرَهُ الرَّسُولُ , فَبَكَى وَقَالَ: لَوْلَا أَنِّي أَبَنْتُ الطَّلَاقَ لَهَا لَرَاجَعْتُهَا , وَلَكِنِّي سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَقُولُ: «أَيُّمَا رَجُلٍ طَلَّقَ امْرَأَتَهُ ثَلَاثًا عِنْدَ كُلِّ طُهْرٍ تَطْلِيقَةً أَوْ عِنْدَ رَأْسِ كُلِّ شَهْرٍ تَطْلِيقَةً أَوْ طَلَّقَهَا ثَلَاثًا جَمِيعًا لَمْ تَحِلَّ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ» (سنن الدار قطنى / بيهقى)
The crux of this narration is that on one occasion Hadrat Hassan ibn Ali Radiallahu Anhu had divorced his wife by saying,
انْطَلِقِي فَأَنْتِ طَالِقٌ ثلاثا
Depart for you have been divorced thrice
Aisha had departed. Thereafter Hadrat Hassan Radiallahu Anhu was grieved on his separation from Aisha thus he cried and said, “If I had not given a Talaaq-e-Baa’in then I would have returned. I have heard Rasulullah Salallahu Alaihi Wasallam saying that a person that divorces his wife in such a manner that he issues one Talaaq in each Tuhr or he divorces her once in the beginning of each month or he divorces her thrice at once, then such a woman will not be Halaal for the first husband as long as she does not marry another man. (Had I not heard this verdict of Rasulullah Salallahu Alaihi Wasallam, I would have returned to her.)
In the incident of Uwaimir Ajlaani Rahimahullah,
فلما فرغا قال عويمر كذبت عليها يا رسول الله ان امسكتها طلقها ثلاثا
When Uwaimir and his wife had finished cursing each other (by acting upon Liaan) then Uwaimir Radiallahu Anhu said, “O Rasulullah, if I keep her (it will mean that) I had lied upon her. He then divorced her thrice. (Bukhari pg. 791 vol.2)
Hadrat Uwaimir Radiallahu Anhu had divorced his wife thrice in a single gathering in front of Rasulullah Salallahu Alaihi Wasallam. There isn’t a single narration that refutes this act of Hadrat Uwaimir Radiallahu Anhu and regarded three (divorces) to be one. The silence of Rasulullah Salallahu Alaihi Wasallam is a clear proof of three Talaaqs being valid. This is such a clear proof that Ibn Hazam Zaahiri whilst explaining this Hadith said,
ولولا وقوع الثلاث مجوعة لانكر ذلك عليه
If the issuing of three Talaaq was not valid Rasulullah Salallahu Alaihi Wasallam would have certainly refuted it
Imaam Bukhari has mentioned this Hadith under the heading,
باب من اجاز طلاق الثلاث
Chapter on who permitted three Talaaq
This indicates that Imaam Bukhari Rahimahullah has accepted that issuing of three Talaaq is valid, and to prove his point he has mentioned this Hadith.
Imaam Nasaai’ee Rahimahullah has first established a chapter,
الثلاث المجموعة وما فيه من التغليظ
Three Talaaq together and the harshness in it
Thereafter he brought another chapter titled,
باب الرخصة فى ذلك
Chapter on concession in that
Under this second heading he had made mention of the incident of Uwaimir Ajlaani Rahimahullah. Abu Dawud has also recorded this narration. In another narration which is related to the incident of Hadrat Uwaimir Ajlaani the following has been mentioned as well.
عَنِ ابْنِ شِهَابٍ , عَنْ سَهْلِ بْنِ سَعْدٍ السَّاعِدِيِّ , قَالَ فَطَلَّقَهَا ثَلَاثَ تَطْلِيقَاتٍ عِنْدَ رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَأَنْفَذَهُ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ
This means that Hadrat Uwaimir Radiallahu Anhu issued three divorces and Rasulullah Salallahu Alaihi Wasallam approved it. He did not regard three as one. (Abu Dawud pg.213 vol.1)
The Hadith of Fatima bint Qais is mentioned in Sunan-ibn-Majah. Ibn Majah has proven from this Hadith that three Talaaqs in one gathering is valid. He has also titled a chapter with the following heading,
باب من طلق ثلاثا فى مجلس واحد
Chapter on who issued three Talaaq in one gathering
Under this chapter he has mentioned the Hadith,
عامر الشعبي قال قلت لفاطمة بنت قيس حدثيني عن طلاقك . قالت طلقني زوجي ثلاثا وهو خارج إلى اليمن . فأجاز ذلك رسول الله صلى الله عليه و سلم (ابن ماجه)
Aamir-e-Shaabi says, “I told Fatima Bint Qais, ‘Narrate your incident of Talaaq to me.’ She said, ‘My husband went to Yemen and issued three divorces from there,’ ”Rasulullah Salallahu Alaihi Wasallam passed the verdict of three Talaaqs taking place.
The same incident of Fatima Bint Qais has been narrated by Nasai’ee under the chapter,
باب الرخصة فى ذلك) الثلاث مجوعة)
Chapter on concession in that (three Talaaq in one sitting)
However, he has narrated it with a different chain of narrators. Imaam Abu Dawud Rahimahullah and Daar-e-Qutni has also narrated this incident. In conclusion, it has been proven from various traditions that the husband of Fatima Bint Qais had divorced her thrice at once and Rasulullah Salallahu Alaihi Wasallam counted them as three divorces. Allama ibn Hazam has also regarded this to be the preferred view, and has responded to those narrations that seem to contradict this view.
Daar-e-Qutni has narrated from Ali Radiallahu Anhu,
عَنْ عَلِيٍّ , قَالَ: سَمِعَ النَّبِيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ رَجُلًا طَلَّقَ الْبَتَّةَ فَغَضِبَ , وَقَالَ: «تَتَّخِذُونَ آيَاتِ اللَّهِ هُزُوًا , أَوْ دِينَ اللَّهِ هُزُوًا وَلَعِبًا , مَنْ طَلَّقَ الْبَتَّةَ أَلْزَمْنَاهُ ثَلَاثًا لَا تَحِلُّ لَهُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ» (سنن دار قطنى)
Ali Radiallahu Anhu narrates that Rasulullah Salallahu Alaihi Wasallam heard that a certain person divorced his wife “Talaaq-e-Albattata” (by using the word ‘Albattata’ one Talaaq could be meant and three can also be meant). Rasulullah Salallahu Alaihi Wasallam became upset and said, “You are making the verses of Allah Ta’ala a play and amusement. Whoever issues three Talaaq-e-Albattata, we will make three Talaaq binding upon him (then the woman will not be Halaal for him) until she marries another man.
There is a narration of Daar-e-Qutni on the authority of Muaaz Radiallahu Anhu,
عن أنس قال سمعت معاذ بن جبل قال قال لي رسول الله صلى الله عليه وسلم يا معاذ من طلق للبدعة واحدة أو اثنتين أو ثلاثا ألزمناه (سنن دار قطنى)
Anas Radiallahu Anhu narrates, I heard Mu’aaz Radiallhu Anhu saying that Rasulullah Salallahu Alaihi Wasallam told me, “O Muaaz! Whoever issues a Talaaq in a manner that is Bid’at, irrespective of whether he issues one, two or three Talaaq, we will make it binding upon him.”
عَنْ إِبْرَاهِيمَ بْنِ عُبَيْدِ اللَّهِ بْنِ عُبَادَةَ بْنِ الصَّامِتِ , عَنْ أَبِيهِ , عَنْ جَدِّهِ , قَالَ: طَلَّقَ بَعْضُ آبَائِي امْرَأَتَهُ أَلْفًا فَانْطَلَقَ بَنُوهُ إِلَى رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ , فَقَالُوا: يَا رَسُولَ اللَّهِ إِنَّ أَبَانَا طَلَّقَ أُمَّنَا أَلْفًا فَهَلْ لَهُ مِنْ مَخْرَجٍ؟ , فَقَالَ: «إِنَّ أَبَاكُمْ لَمْ يَتَّقِ اللَّهَ فَيَجْعَلْ لَهُ مِنْ أَمْرِهِ مَخْرَجًا , بَانَتْ مِنْهُ بِثَلَاثٍ عَلَى غَيْرِ السُّنَّةِ , وَتِسْعُمِائَةٌ وَسَبْعَةٌ وَتِسْعُونَ إِثْمٌ فِي عُنُقِهِ» (زاد المعاد ص330 ج3)
This narration has been mentioned in Musannaf Abdur Razzack with similar words.
عَنْ عُبَادَةَ بْنِ الصَّامِتِ قَالَ:ا اباه طَلَّقَ جَدِّي امْرَأَته أَلْفَ تَطْلِيقَةٍ، فَانْطَلَقَ عُبَادَة إِلَى رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ، فساله صَلَّى الله عليه وسلم فَقَالَ النَّبِيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: «بانت بثلاث فى معصية الله تعالٰى وَبقى سبع وتسعون عُدْوَانا وَظُلْما، إِنْ شَاءَ اللَّهُ تَعَالَى عَذَّبَهُ، وَإِنْ شَاءَ غَفَرَ لَهُ» (مصنف عبد الرزاق)
Hadrat Ubaada Bin Saamith Radiallahu Anhu narrates that his grandfather gave his wife a thousand Talaaqs. Hadrat Ubaadah Radiallahu Anhu came to Rasulullah and explained the entire incident. Rasulullah Salallahu Alaihi Wasallam mentioned that the wife is now separated with three Talaaq and the 997 Talaaq will be oppression and transgression. If Allah Ta’ala wills, he will punish for the oppression, or if He wishes, He will forgive it. This narration has also been recorded in Tabrani.
In these narrations it is quite clear that a thousand divorces were issued. Rasulullah Salallahu Alaihi Wasallam accepted that three divorces were effective and the remainder will be regarded as sin.
Imaam Bukhari Rahimahullah has narrated on the authority of Ayesha Radiallahu Anha,
عن عائشة أن رجلا طلق امرأته ثلاثا فتزوجت فطلق فسئل النبي صلى الله عليه و سلم أتحل للأول ؟ قال ( لا حتى يذوق عسيلتها كما ذاق الأول )
A person issued three divorces to his wife, she then married another. He then divorced her without any form of intercourse. Rasululah Salallahu Alaihi Wasallam was asked, “Is she Halaal for the first husband?” Rasulullah Salallahu Alaihi Wasallam said, “As long as she does not have relations with the first husband she will not be Halaal.” (Bukhari / Muslim)
This Hadith is also very clear that three Talaaq given at once are valid. In total, we have presented nine Ahadith of Rasulullah Salallahu Alaihi Wasallam which prove that three divorces issued at once are valid, and causes the woman to be totally separated from the husband.
Proofs of the Ghair Muqallideen (those that do not follow any Madhab)
The first narration which the Ghair Muqalids use as a proof is in Muslim Sharif and the narrator of this Hadith is Hadrat Abdullah bin Abbas Radiallahu Anhu. The context of the Hadith is as follows:
Abus Sahbah questioned Ibn Abbas Radiallahu Anhu that did he not know that during the era of Rasulullah Salallahu Alaihi Wasallam, Hadrat Abu Bakr Radiallahu Anhu, and during the initial rule of Hadrat Umar Radiallahu Anhu, three Talaaqs were regarded as one. Hadrat Ibn Abbas Radiallahu Anhu replied, “Yes, but when the people started divorcing excessively then Hadrat Umar Radiallahu Anhu approved of three (being counted as three Talaaq).
Answer to this Hadith:
This narration is also recorded in Abu Dawud Sharif and it seems that this narration refers to a woman with whom the husband was not intimate after marriage.
There are two types of women.
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Ghair Madkhul Biha :- This refers to such a woman with whom her spouse did not have any relations.
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Madkhul Biha :- This refers to a woman with whom her husband had relations.
If a Ghair Madkhul Biha is divorced by the husband uttering the words of divorce such as “You are divorced, You are divorced, You are divorced” then she will be separated from the husband (i.e. she will no longer remain in the Nikah of the man), and such a woman will not have to serve her Iddat as well.
The woman will be separated (from the husband) the first time he uttered the words of Talaaq and she does not have to serve her Iddat. She is a woman that cannot be divorced any further, thus the second and third divorce will be regarded as futile. Therefore, it is mentioned in the Hadith that if she has been divorced thrice it will only be regarded as one. This was the manner of issuing Talaaq to a Ghair Madkhul Biha during the era of Rasulullah Salallahu Alaihi Wasallam, Hadrat Abu Bakr Radiallahu Anhu, and the initial years of rule of Hadrat Umar Radiallahu Anhu. Thereafter, people became hasty and began issuing three Talaaqs in a single sentence to a Ghair Madkhul Biha. This is when Hadrat Umar Radiallahu Anhu mentioned that three Talaaq will take place. (eg. A person tells his wife, “You have been divorced thrice” whilst she is married to her husband.)
Re:- Abu Dawud pg. 306 vol.1
Answer no.2
During the era of Rasulullah Salallahu Alaihi Wasallam, Hadrat Abu Bakr Radiallahu Anhu and Hadrat Umar Radiallahu Anhu, when people used to say, “You are divorced, You are divorced, You are divorced”, then the second and third time these words would be uttered emphasising the first divorce and not as second divorce and third divorce. That was a time when people possessed Deen, Taqwa, and fear of the Aakhirah. There was no fear of them speaking a lie because of some worldly gain. They were so conscious of the Aakhirah that a criminal would present himself and confess to his crime and request that the Shari’ee punishment be enforced upon him. Due to such factors he would be trusted and the ruling of a single divorce be passed upon him. This is what is meant by three Talaaqs being counted as one. However, the further we moved away from the time of Rasulullah Salallahu Alaihi Wasallam, the standard of Taqwa and fear of the hereafter began decreasing, as result of which honesty, trustworthiness and religiousness did not remain as in previous times. People began speaking lies because of women, which can be understood from the following incident.
Hadrat Umar Radiallahu Anhu received a letter from the Iraqi government stating that a person uttered the following words to his wife here in Iraq,
حبلك على غاربك
Your rope is on your head
Hadrat Umar wrote to the governor of Iraq that he should inform that person to meet Umar Radiallahu Anhu during the Hajj period. During the period of Hajj, Hadrat Umar Radiallahu Anhu was making Tawaaf of the Baitullah so the Iraqi person met him and made Salaam. Umar Radiallahu Anhu asked him, “Who are you?” He replied, “ I am the person that you requested to meet you during the Haj season.” Umar Radiallahu Anhu said, By the Rabb of the Ka’aba, speak the truth! What did you intend when you said,
حبلك على غاربك
Your rope is on your head
He replied, “O Amir-ul- Mumineen, Had you asked me to take this Qasm anywhere besides this place then I wouldn’t have spoken the truth. I had actually intended separation with this statement (I intended to separate her from my Nikah.) Hadrat Umar Radiallahu Anhu mentioned, “Your wife has been separated from you according to your intention.”
Re:- Muatta Imaam Maalik pg.200
Ponder over this incident. This person was prepared to take a false oath and speak a lie for a woman but abstained from doing so due to the sacredness of the Ka’aba Sharif. When Hadrat Umar Radiallahu Anhu noticed that this is the condition of the general masses then perhaps his sight was on this Hadith Sharif of Rasulullah Salallahu Alaihi Wasallam,
أكرموا أصحابي ثم الذين يلونهم ثم الذين يلونهم ثم يظهر الكذب
Honour my companions, then those that come after them, then those that come after them, then falsehood will become apparent
As we move further and further away from the time of Nabuwwat, religiousness amongst people will decrease and falsehood will become apparent. Hadrat Umar Radiallahu Anhu consulted with the Sahaaba keeping the current and future condition in front of them. If this is the current condition, then what will the future condition be! People will divorce their wives thrice and thereafter speak lies saying, we only intended one divorce. He made a decision intending to close a door, where people start hastening in matters which they supposed to delay. If anyone divorces his wife thrice then it will certainly be counted as three. All the Sahaaba unanimously agreed to this decision and none opposed Hadrat Umar Radiallahu Anhu.
فخاطب عمر رضي الله عنه بذلك الناس جميعاوفيهم أصحاب رسول الله صلى الله عليه و سلم ورضي عنهم الذين قد علموا ما تقدم من ذلك في ذلك في زمن رسول الله صلى الله عليه و سلم فلم ينكره عليه منهم منكر ولم يدفعه دافع (طحاوى)
Hadrat Umar Radiallahu Anhu addressed all the people. Amongst them were those Sahaaba that were fully aware of the ruling pertaining to a woman that has been given three Talaaq in the time of Rasulullah Salallahu Alaihi Wasallam, yet none of them rejected and opposed the speech of Umar Radiallahu Anhu
Ibn Humaam Rahimahullah says,
لم ينقل عن احد منهم انه خالف عمر حين امضي الثلاث وهي يكفى فى الاجماع
It hasn’t been narrated from any Sahaabi that when Umar Radiallahu Anhu made a decision on three Talaaq that he was contradicted in his decision. This is sufficient to serve as Ijmaah (consensus of the Ulema).
Explaining this Hadith, Imaam Nawawi Rahimahullah states,
فاختلف العلماء فى جوابه وتاويله فالاصح ان معناه انه كان فى الامر الاول اذا قال لها انت طالق انت طالق انت طالق ولم ينو تاكيدا ولا استينافا يحكم بطلقة لقلة ارادتهم الاستيناف بذلك فحمل على الغالب الذى هو ارادة التاكيد فلما كان فى زمن عمر وكثر استعمال الناس بهذه الصيغة وغلب منهم ارادة الاستيناف بها حملت الاطلاق على الثلاث عملا بالغالب السابق الى الفهم (نووي ص478 ج1)
The correct interpretation and meaning of the Hadith of Ibn Abbas Radiallahu Anhu is that in the initial stages whenever someone said أَنْتِ طَالِقٌ أَنْتِ طَالِقٌ أَنْتِ طَالِقٌ and divorced his wife, then generally the second and third Talaaq would be uttered as emphasis. The person would not intend a separate Talaaq. However, when the era of Umar Radiallahu Anhu had dawned upon the people and this sentence was now used excessively, and generally a new Talaaq was intended with the second and third time Talaaq, a ruling of three divorces was issued on the basis of it being the norm at the time (Urf).
This is the meaning of the Hadith of Ibn Abbas Radiallahu Anhu according to the Muhadditeen, and this is the actual objective. Additional support for this view is that the narrator of the Hadith, Hadrat Abdullah ibn Abbas Radiallahu Anhu, has personally passed a verdict of three Talaaq .
In spite of the extremism of Allama ibn Qayyim Rahimahullah in the Mas’ala that three divorces in a gathering is regarded as three, after which one may not return to his wife, he has also clearly confessed that the Fatwa of Ibn Abbas Radiallahu Anhu is authentic and proven.
فقد صح بلا شك عن ابن مسعود وعلى وابن عباس الالزام بالثلاث ان اوقعها جمملة
It is certainly proven without any doubt from Ibn Masood Radiallahu Anhu, Ali Radiallahu Anhu and Ibn Abbas Radiallahu Anhu, that three Talaaq at once will compulsorily cause three Talaaq to fall.
From the above explanation it is evident that there is no scope to refute the Fatwa of Ibn Abbas Radiallahu Anhu.
HADITH-E-RUKAANA
The Ghair Muqallids are very proud to have to their credit the Hadith of Rukaana. Hadrat Rukaana Radiallahu Anhu narrates that he had divorced his wife using the words “Al- battata” (in which there is scope of intending one divorce or three divorces depending on the intention of the person). Rasulullah Salallahu Alaihi Wasallam was informed of it and Rukaana Radiallahu Anhu said,
ما اردت الا واحدة
I had only intended one Talaaq using the word Al-Battata
Rasulullah Salallahu Alaihi Wasallam then asked him,
والله ما اردت الا واحدة
By Allah, You had only intended one Talaaq?
Rukaana Radiallahu Anhu replied,
ما اردت الا واحدة والله
By Allah, I had only intended one Talaaq!
Then Rasulullah Salallahu Alaihi Wasallam said, “Your intention will be considered.”
The Hadith of Rukaana is as follows,
حدثنا هناد حدثنا قبيصة عن جرير بن حازم عن الزبير بن سعيد عن عبد الله بن يزيد بن ركانة عن أبيه عن جده قال : أتيت النبي صلى الله عليه و سلم فقلت يا رسول الله ! إني طلقت امرأتي البتة فقال ما أردت بها ؟ قلت واحدة قال والله ؟ قلت والله قال فهو ما أردت (سنن الترمذى)
حدثنا أبو بكر بن أبي شيبة وعلي بن محمد . قالا حدثنا وكيع عن جرير بن حازم عن الزبير بن سعيد عن عبد الله بن علي بن يزيد بن ركانة عن أبيه عن جده
: – أنه طلق امرأته البتة . فأتى رسول الله صلى الله عليه و سلم فسأله . فقال ( ما أردت بها ؟ ) قال واحدة . قال ( آلله ما أردت بها إلا واحدة ؟ ) قال آلله ما أردت بها إلا واحدة . قال فردها عليه (ابن ماجه)
If only one Talaaq had taken place then what was the need to request a Qasm and specify the Niyyat at the time of issuing the divorce. Rasulullah Salallahu Alaihi Wasallam could have simply said that only one Talaaq takes place irrespective of whether he intended one or three. Due to Rasulullah Salallahu Alaihi Wasallam posing a question, and the Sahaabi answering after having taken an oath, it has become evident that if the man intended three divorces, then three divorces will take place. Therefore, it is absolutely incorrect to believe that only one Talaaq takes place after one uttered the words of divorce thrice.
The above Hadith is regarded as a Saheeh (authentic) narration according to Imaam Abu Dawud, Ibn Hibaan, Haakim, Daar-e-Qutni, and Tanafasi. In opposition to this, the Ghair Muqallideen present the narration recorded in Musnad-e-Ahmad to prove their claim, which is not of such a rank that it may be used as a proof. Therefore no Muhaddith has regarded the Hadith as Saheeh, in fact, they have said that the narration is extremely weak. Hafez Ibn Hajar Rahimahullah has mentioned the Hadith in Talkhees and classified the Hadith as Ma’lool referring to it being weak. Hafez Dhahabi Rahimahullah has counted it amongst the Munkar narrations of Dawud ibn Husain. Hafez Ibn Hajar has narrated this Hadith in Bulughul Maraam and quoted,
وقد روي ابو داود من وجه اخر احسن منه ان ركانة طلق امراته سهيمة البتته
Imaam Abu Dawud has narrated this with a different chain of narrators which is better than the narration quoted in Musnad-e-Ahmad. In this Riwaayat it is mentioned that Rukaana gave his wife Suhaima Talaaq using the words Al-Battata. (Bulughul Maraam pg. 129)
وحديث نافع بن عجير وعبد الله ابن على ابن يزيد ابن ركانه عن ابيه عن جده ان ركانة طلق امراته البتة فردها اليه النبى صلى الله عليه وسلم اصح لانهم ولد الرجل واهله اعلم به ان ركانة انما طلق امراته البتة فجعلها النبى صلى الله عليه وسلم واحدة
This is the narration of Naafi’ ibn Ujair that Rukaana Radiallahu Anhu divorced his wife using the words Al-Battata and Rasulullah Salallahu Alaihi Wasallam returned his wife to him. This narration is more authentic as the narrator is the son of Rukaana (i.e. his household). The members of the household are more aware of the matters that take place in the house. He says that Rukaana Radiallahu Anhu divorced his wife using the words Al-Batta which Rasulullah Salallahu Alaihi Wasallam counted as one after instructing him to take an oath.(Abu Dawud Sharif pg.306)
وأما الرواية التي رواها المخالفون أن ركانه طلق ثلاثا فجعلها واحدة فرواية ضعيفة عن قوم مجهولين وإنما الصحيح منها ما قدمناه أنه طلقها البتة ولفظ البتة محتمل للواحدة وللثلاث ولعل صاحب هذه الرواية الضعيفة اعتقد أن لفظ البتة يقتضي الثلاث فرواه بالمعنى الذي فهمه وغلط في ذلك
As for the narration which the opposition quote that Hadrat Rukaana Radiallahu Anhu had given her three Talaaq and Rasulullah Salallahu Alaihi Wasallam counted it as one, is weak and the narrators are unknown. The authentic narration regarding Hadrat Rukaana Radiallahu Anhu is the one which we have narrated first, where it is mentioned that he divorced his wife using the words ”Al-Battata”, and this word has the possibility of the Talaaq being one or three, depending on the intention of a person. If the intention was that a single divorce be issued then only one divorce takes place, as in the case with Rukaana which he confessed to after taking an oath. If he had the intention of three divorces then three divorces would have taken place. It is also possible that the narrator of this weak narration had a misconception that the demand of the word Al-Battata is that three Talaaq must take place, and therefore narrated according to his misconception (i.e. Hadrat Rukaana had issued three divorces). Imaam Nawawi Rahimahullah says that the narrator has erred in understanding and narrating the meaning. (Nawawi Sharhul Muslim pg. 478 vo.1)
This is the reality of the Hadith of Rukaana according to the Muhadditeen. Can this Hadith now be presented and used as a proof?
A FEW NARRATIONS OF THE KHULAFA-E-RAASHIDEEN IN REGARDS TO THREE TALAAQ
حَدَّثَنَا عَلِيُّ بْنُ مُسْهِرٍ ، عَنْ شَقِيقِ بْنِ أَبِي عَبْدِ اللهِ ، عَنْ أَنَسٍ قَالَ : كَانَ عُمَرُ إذَا أُتِيَ بِرَجُلٍ قَدْ طَلَّقَ امْرَأَتَهُ ثَلاَثًا فِي مَجْلِسٍ ، أَوْجَعَهُ ضَرْبًا ، وَفَرَّقَ بَيْنَهُمَا.
Hadrat Anas Radiallahu Anhu narrates that if a person divorced his wife thrice in one Majlis and was then brought to Umar Radiallahu Anhu, he would punish such a person and separate the spouses. (Musannaf Ibn Abi Shaiba pg. 11 vol.5)
اذا اتى برجل طَلَّقَ امْرَأَتَهُ أَلْفًا فَقَالَ له عُمَر: اطلقت فقال إنَّمَا كُنْت أَلْعَبُ ، فَعَلاَه عُمَرُ بِالدُّرَّةِ وقال انما يكفيك من ذلك ثلاث
A person was brought to Umar saying that he had given his wife a thousand divorces. Umar asked, “Did you give her so many divorces?” He said, “I was joking with her.” Umar lashed him and said, “From the thousand divorces, three are sufficient.” (Musannaf Ibn Abi Shaiba pg.12 vol.5)
جاء رجل إلى عثمان بن عفان فقال طلقت امرأتي ألفا فقال بانت منك بثلاث وأسند عبد الرزاق عن عبادة بن الصامت أن أباه طلق امرأته ألف تطليقة فانطلق عبادة فسأله صلى الله عليه وسلم فقال رسول الله صلى الله عليه وسلم بانت بثلاث في معصية الله تعالى وبقي تسعمائة وسبع وتسعون عدوانا وظلما إن شاء عذبه الله وإن شاء غفر له
Muaawiyya ibn Abi Yahya narrates that a person came into the presence of Uthman Ibn Affaan Radiallahu Anhu and said, “I gave my wife a thousand divorces.” He replied, “She was separated from you with three.” (Musannaf Abdur Razzack pg. 394 vol.6)
We do hope the above discussion was sufficient and we do hope that you have understood the three Talaaq issue, that it will be counted as three, and not as one, as some incorrectly understand it. Also, the proof of the Ghair Muqallideen who count three as one and our response to them was discussed in detail.
ALLAH TA’ALA KNOWS BEST!