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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. ..
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 am
really 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 people
still 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

first year iftaa course), have conducted a detailed research on this issue and have
covered 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 barkat
in their Uloom. Ameen.

-(Mufti) Ebrahim Desai

INTRODUCTION
We are witnessing an era where rash-issuing of divorce has become the order of the
day. There was once an era in this Ummah when eye-brows were raised at the
issuance 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 the
spouses. 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 world
and 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 Abi
Dawood 2/220 Dar al-kitab al-Arabi)
It is also important to point out the need to consult reliable Scholars with regards to
matters 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

merely hearing a few speeches or reading the literature of any person they find in the
media. 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 (May Allah 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 the
marriage terminates. This is referred to as Talaaq-e-mughalladhah. This form of
divorce 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 this
constitutes three divorces.
The research is lengthy and is essentially based on the following:
1.
2.
3.
4.
5.
6.

Proofs from Quraan


Proofs from Ahadith
Rulings of the noble companions (Sahabah)
Rulings of the Tabieen
Rulings of the Madhahib (Shaafi, Hanafi, Maliki, Hambali)
Answers to the apparent proofs which could be used to denote that three
divorces equals to one.

PROOFS ON THE OCCURRENCE OF THREE DIVORCES

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 or
release 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 by
Allah. 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 alJalalayn 1/46 Dar al-Hadith)
There is no stipulation in the verse whether these divorces are in one, two or three

sittings (together or separately); hence, it encompasses all. (Fatawa Mahmoodiyyah


12/378, Jamiah Farooqiyyah)
Imam Shafi (may Allah Taala have mercy on him) agrees that this verse could be
used to prove that three divorces are effective if given at once:

333)

- ( 7 /

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, and
thereafter 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 that
whoever 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 period
has 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

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 as
three 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 remarried
and 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 alnidhamiyyah, Hyderabad)
5)

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

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





( ) .





- ( 2 / 242) - ( 3 /
275) - ( 6 / 117) - ( 3 /
200) -
- - -
- - .
A man from the Ansar came to Nabi and enquired,
O Nabi 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 out
mula'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:

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 alnidhamiyyah, Hyderabad)


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, I
was 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 (may
Allah 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 to
return to Rifa'a? No! You should first consummate this second marriage.

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 alnidhamiyyah, Hyderabad)
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 heard Fatima 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, Is
there 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 many
divorces 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)

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 alnidhamiyyah, Hyderabad)
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 after
which 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-maarif alnidhamiyyah, Hyderabad)
6) :

:
. :
:



: .
:
- -
: .
.
- ( 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 be
pleased with him). When Ali (may Allah Taala be pleased with him) was martyred
and people took pledge 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. She
folded her clothes and waited until her waiting period (iddah) was completed.
Thereafter Hasan (may Allah Taala be pleased with him) sent to her the
outstanding 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 permissible
for 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

was asked regarding a person who divorces his


wife 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 physicalrelations.
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 enraged and said, You taking the signs of Allah or (he
said) 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) narrates
that 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 and
nine 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)

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 him
regarding 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 (2/217
Dar al-kutub al-ilmiyyah)
[Also check Sharh Maani al-Athar (3/57, 58 Dar al-kutub al-Ilmiyyah), al-Sunan alKubra of Imam al-Bayhaqi (7/334 Majlis dairah al-maarif al-nidhamiyyah,
Hyderabad)]

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

- ( 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 she
is 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 more
quotes of Ali (May Allah Taala be pleased with him)]

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

- ( 199 )





A person said to Ibn Abbas (may Allah Taala be pleased with him), Verily I have
issued 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 and
with 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 (may Allah Taala be pleased with him), Verily my
uncle issued three divorces to his wife. Ibn Abbas (may Allah Taala be pleased
with 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
for him. Ibn Abbas (may Allah Taala be pleased with him) replied, Whoever
(intends to) deceive Allah, Allah will deceive him. (Musannaf Abdur Razzaq (6/266
Al-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 Ibn
Abi 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 alDar Qutni (4/12, 59 Dar al-Marifa, Beirut)]

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


- ( 5 / 21)
18151-
:

Hakm (may Allah Taala have mercy on him) says that Ibn Abbas (may Allah Taala
be pleased with him) and Ibn Masood (may Allah Taala be pleased with him) said
with regards to a person who divorces his wife thrice before having intercourse,
She is not permissible for the first husband until she marries another
husband.(Musannaf Ibn Abi Shaybah (5/21 Dar al-Salafiyyah)
[Also check Sharh Maani al-Athar (2/35, 59 Al-Maktabah al-Haqqaniyyah) and AlSunanal-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 divorces
his 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 would stone 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 (5/2015
Dar 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 alMarifa, Beirut), Al-Sunan al-Sughra li al-Bayhaqi (6/326 Maktaba al-Rushd), alSunan 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-
:

: .
Imran ibn Husain (may Allah Taala be pleased with him) was questioned about a
person who divorces his wife thrice in one sitting. He replied, He has disobeyed his
lord and his wife is haram on him. (Musannaf Ibn Abi Shaybah (5/10 Dar alSalafiyyah)
[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 before
consummating 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 (2/227
Wizarah al-awqaf al-Misriyyah), Sharh Maani al-Athar (3/57 Dar al-kutub alIlmiyyah), 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]

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 enquired
about 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 a
virgin is one. Ibn Amr (may Allah Taala be pleased with him) said to me, You
are (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 Abdur
Razzaq (6/334 Al-Maktabah al-Islami), Musannaf Ibn Abi Shaybah (5/22 Dar alSalafiyyah), Sharh Maani al-Athar (3/57 Dar al-kutub al-Ilmiyyah), Al-Sunan alKubra (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 before
consummating the marriage that he said, She is not permissible for him until she
marries another husband. (Musannaf Ibn Abi Shaybah (5/22 Dar al-Salafiyyah)

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 person
who 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 will
not 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 with
them 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 will
cause 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 divorces
issued at one interval is equal to three. This has clearly been stated by Ibn alQayyim(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:

- ( 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 (great
Scholars like) Abu Bakr bin al-Arabi and Abu Bakr al-Razi (may Allah Taala have
mercy 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 interval
are 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 bin Sad (may Allah Taala have mercy on him)

) 5 / 23( -
18161-
:

.
: 18162-

.
18163-
:

.

: 18164-
.

18165-

) 5 / 24( -
18167-
:
.

) 6 / 305( -
10937 -


) 6 / 332( -
11066 -

IJMA (The CONSENSUS of this Ummah)


Many Scholars mentioned that there is consensus that three divorces take place
when 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 others
all clearly said that there is Ijma (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 issuing religious 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 alkutub)

- ( 3 / 426 -

The practice is on this according to all the knowledgeable ones from the
companions of Nabi and others that if a person
divorces 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 -



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 of
Sahabah.(Zad al-Maad 5/234, Muassasah ar risalah)
- ( 3 / 450-453 )
( 3 / 232 )

.
Majority of the Sahabah and Tabieen and leading Scholars after them agree that
three take place. (Fath al-Qadeer 3/450-453, Maktabah Zakariyyah, Hashiyah Ibn
Abideen 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 shaadh
and no regard should be given to it... (Sharh al-Zarqani 3/217, Dar al-kutub al-

ilmiyyah)
- ( 1 / 31
)
:





Chapter: Know that it has not been established from even one Sahabi, Tabie or
reliable 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 are
Abu Bakr bin al-Arabi and Abu Bakr al-Razi (may Allah Taala have mercy 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 (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 the
ruling of Abu Hanifa and all our Jurists. (May Allah Taala have mercy on them)
(Al-Muwattah Imam Muhammad 2/516, Dar al-Qalm)
- ( 6 / 47 )
:


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 it
will 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

( )

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


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 is
mentioned 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 experiencing
menses 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 alkutub 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 the
second 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 meant
by 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

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 three
are 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 narrated
that 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 a
chicken 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

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 clean
periods (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 alMudawwanah 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, example
he says to his wife, You are divorced thrice!i.e. in one statement then Abdul
Hameed 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 at
once 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 3/138
Dar as Salaam)

SHAFI MADHAB
- ( 7 / 8 )





Regarding (the ruling of passing three divorces), whether it is suspended or for
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 takes
place. , 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 he
intends divorce then divorce will take place according to the number he
intended.(Rawdha al-talibeen 7/73 Dar al-fikr)
- ( 18 / 227 )
...

:


If anybody joins three 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 becomes
impermissible 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

place and she will be impermissible for him until she first remarries. (Al-Mughni
10/334 Dar Alam al-Kutub)

- ( 8 / 334



.
If he divorces her three divorces together before issuing one revocable divorce, she
will 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. (AlInsaf 8/334 Dar ihya al-Turath al-Arabi)
- ( 1 / 21
)





The first chapter is with regards to three divorces; three divorces would take
place, 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
from 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 alArabiyyah)

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 the
standing Committee of Scholars of Saudi who agree that three divorces are equal to

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 each
one 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)
- -



. .
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 of
Umar 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 of
narrators 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 three
talaqs 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

with him) will know something from Nabi and


thereafter issue a verdict in contrast to it. In fact, Ibn Abbas (may Allah Taala be
pleased 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) differed
with 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 differ
here. 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 be
pleased 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 three
pronouncements 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 of
them 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, the
consensus of Sahabah is an indication that this was abrogated in the time of Nabi
. Consider all the marfoo narration which we cited
above. Thus, this clearly indicates that Umar (may Allah Taala be pleased with
him) did not introduce anything new in Shariah; rather, he merely reinforced a rule
which 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 be
pleased 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 with
him). (Fath al-Bari 9/365, Dar al-Marifah, Beirut)

- ( 3 / 325)
14519 -
:


:
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 is
more 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 support
him. 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 have
mercy 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 a
person like Ibn Abbas (May Allah Taala be pleased with him) will know something
from Nabi and thereafter issue a verdict in contrast
to 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 to
be 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 is
anyone 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

people,
- ( 1 / 39 )
:
( )
:


- ( 12 / 384)

:

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

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, truthfulness
and 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 with
him) 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 because
of 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 disbelievers
towards 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

Allah Taala be pleased with him), the number, might and power of Muslims
increased 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 been
abrogated. Umar (may Allah Taala be pleased with him) made a concerted effort to
make 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 remaining
two 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-to
one.
9.
Ibn Rajab al-Hambali (may Allah Taala have mercy on him) has discussed
this beautifully. He says, Know that the verdicts of Umar (may Allah Taala be
pleased 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 decisive
conclusion. 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 with
his 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

a verdict has been transmitted from Nabi in contrast


to the verdict of Umar (may Allah Taala be pleased with him), then there will be
one 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 . In
this 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 in
different ways. Umar (may Allah Taala be pleased with him) will choose that
which is best and most suitable and impose it on the people. It will not be permitted
for 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 not
known 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 alIslamiyyah)
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 has
to 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 issue
at hand (i.e. the woman will be separated with the first divorce). And if we assume
that 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

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 era
of Umar (may Allah Taala be pleased with him) they became hasty and began
issuing three divorces for trivial issues.
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SECOND PROOF
)2

. "



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

Taala be pleased with him) Do you not know that three talaqs were considered to
be one during the era of Rasulullah , Abu Bakr (may
Allah Taala be pleased with him) and the beginning of Umar (may Allah be pleased
with him)s reign? Ibn Abbas (may Allah Taala be pleased with him) replied in 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 are
both 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 (may
Allah 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

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 his
brother'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 with
him) 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 divorced her thrice. Nabi said, I
am 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, the
unknown 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 )
:

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 alIslamiyyah) 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 of
this hadith as weak. This has also been reported from Khatabi (Zad al-Maad
5/237). 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 is
idtirab (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 means
three; 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 clearly
stated 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 alMarifah), etc that,

.

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

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 it
is 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. People
are 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 his
grandmother, 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-fatawa
5/273, H.M Saeed)

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FOURTH PROOF
4)


" " :
" " "

.
Ibn Abbas (may Allah Taala be pleased with him) relates that Rukana (may Allah
Taala be pleased with him) divorced his wife three divorces in one sitting. Later on
he became extremely disheartened for what he had done. Nabi
asked him, How did you divorce your wife? He replied, I
divorced her thrice. Nabi asked, In one sitting?
He replied in the affirmative. Nabi responded,
That is one; hence take her back if you wish. Thus, he took her back. Ibn Abbas
(may Allah be pleased with him) held the view that talaq should be at every clean
period (after menses).
This narration appears in the following kitabs:

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 proof
for us, who regard three divorces as three, as Abu Bakr al-Jassaas (may Allah Taala
have mercy on him) has said,
- ( 2 / 85 )

If he had not had the scope of making the intention of three, Nabi
would not make him take an oath that he only intended
one.(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 alSindi ala Sunan al-Nasai 5/92)

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 equaling
one).
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 have
mercy 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 (may
Allah 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 to
be 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 have
mercy 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 day
conversations). (Ahsan al-fatawaa 5/329, H. M. Saeed)
( 1/ 108)
QIYAAS

SIXTH PROOF
6)

- - ( 2 / 33)










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 divorces
person 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 has
commanded.
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 person
comparing 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 differs
with the scenario where a person appoints another person because the one who is
appointed 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 actions
will 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)





























One common answer for all the above proofs is that they are all khabr wahid which
contradicts ijma (consensus). When there is a contradiction between ijma
(consensus) and khabr wahid (a narration whose narrators are not as many as
tawatur and it is distinguished in many ways depending on different aspects), the
former 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 overwhelming
and 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 the
arguments presented without prejudice and emotion. Should anyone have any

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&A Islamic Fataawa primarily based on the Hanafi school of law