{"id":1737,"date":"2013-12-14T22:09:53","date_gmt":"2013-12-15T02:09:53","guid":{"rendered":"https:\/\/www.fiqhulislam.com\/?p=1737"},"modified":"2013-12-14T22:09:53","modified_gmt":"2013-12-15T02:09:53","slug":"divorces-issued-sitting-counted-one","status":"publish","type":"post","link":"https:\/\/www.fiqhulislam.com\/?p=1737","title":{"rendered":"ARE THREE DIVORCES ISSUED IN ONE SITTING COUNTED AS ONE?"},"content":{"rendered":"

BY : Mufti Muhammad Taqi Usmani.\"download<\/a>
\n<\/a><\/strong>
\nARE THREE DIVORCES ISSUED IN ONE SITTING COUNTED AS ONE?
\nTranslated by Zameelur Rahman<\/i>
\nIshaq ibn Ibrahim and Muhammad ibn Rafi\u2018 narrated to us \u2013 and the wording is Ibn Rafi\u2018\u2019s \u2013 Ishaq said: \u2018Abd al-Razzaq reported to us, and Ibn Rafi\u2018 said: narrated to us: Ma\u2018mar reported to us: from Ibn Tawus from his father from Ibn \u2018Abbas, he said:
\n\u201cDivorce, a divorce with three [issuances], in the time of the Messenger of Allah (Allah bless him and grant him peace) and Abu Bakr and two years of the caliphate of \u2018Umar was [counted as] one. Then \u2018Umar ibn al-Khattab said: \u2018Verily, the people have hastened in a matter in which they used to have patience, so if only we were to enforce it on them.\u2019 So he enforced it on them.\u201d (Sahih Muslim<\/i>)
\nWhen a man issues three divorces to his wife in one sitting[1<\/a>]<\/sup>\u00a0or with one statement[2<\/a>]<\/sup>, do they all occur? There are three positions on this question:
\nFirst, the position of the four Imams and the vast majority of the scholars from the\u00a0salaf\u00a0<\/i>and the\u00a0khalaf<\/i>, and that is that all three occur thereby and the woman becomes\u00a0mughallazah<\/i>\u00a0(permanently irrevocably divorced)[3<\/a>]<\/sup>by means of it, so she is not lawful for her previous husband until she marries [and consummates the marriage with] a husband besides him. This was narrated from Ibn \u2018Abbas, Abu Hurayrah, Ibn \u2018Umar, \u2018Abd Allah ibn \u2018Amr, Ibn Mas\u2018ud and Anas, and it is the opinion of the majority of the people of knowledge from the Tabi\u2018in and the imams after them, as mentioned in\u00a0al-Mughni<\/i>\u00a0by Ibn Qudamah (7:104). It was also narrated from \u2018Umar, \u2018Uthman, \u2018Ali, al-Hasan ibn \u2018Ali and \u2018Ubadah ibn al-Samit (Allah be pleased with them) as will come.
\nSecond, that nothing occurs thereby, and this is the position of the Ja\u2018fari Shi\u2018ah, as stated by al-Hilli al-Shi\u2018i in\u00a0Shara\u2018i al-Islam<\/i>\u00a0(2:57), and al-Nawawi also related it from al-Hajjaj ibn Artah, Ibn Muqatil and Muhammad ibn Ishaq.
\nThird, the position of some of the literalists and Ibn Taymiyyah and Ibn al-Qayyim (Allah have mercy on them), which is that only one revocable divorce occurs thereby. Ibn Qudamah related it also from \u2018Ata\u2019, Tawus, Sa\u2018id ibn Jubayr, Abu al-Sha\u2018tha\u2019 and \u2018Amr ibn Dinar, but it is not authentic from Tawus and \u2018Ata\u2019. As for Tawus, because of what al-Husayn ibn \u2018Ali al-Karabisi transmitted in\u00a0Adab al-Qada\u2019<\/i>: \u2018Ali ibn \u2018Abd Allah (Ibn al-Madini) reported to us from \u2018Abd al-Razzaq from Ma\u2018mar from Ibn Tawus that he said about Tawus: \u201cWhoever narrates to you from Tawus that he would narrate three divorces as [being] one, he has lied upon him.\u201d And as for \u2018Ata\u2019, because of what Ibn Jurayj narrated, he said: I said to \u2018Ata\u2019: \u201cDid you hear Ibn \u2018Abbas say: \u2018Divorcing a virgin thrice is one [divorce]?\u2019 He said: \u2018That did not reach me from him.\u2019\u201d \u2018Allamah al-Kawthari (Allah have mercy on him) cited these in his treatise\u00a0al-Ishfaq \u2018ala Ahkam al-Talaq<\/i>\u00a0(p. 33, Matba\u2018ah Majallat al-Islam, Egypt)
\nThe literalists adduce the hadith of the chapter as proof, since Ibn \u2018Abbas (Allah be pleased with him) stated explicitly that three divorces used to be counted as one in the time of the Messenger of Allah (Allah bless him and grant him peace); and [they adduce] what Ahmad and others narrated from the story of Rukanah ibn \u2018Abd al-\u2018Aziz ibn \u2018Abd Yazid: from \u2018Ikrimah, the freed-slave of Ibn \u2018Abbas, he said: \u201cRukanah ibn \u2018Abd Yazid, the brother of al-Muttalib, divorced his wife thrice in one sitting, and he became extremely grieved over it.\u201d He said: \u201cThe Messenger of Allah (Allah bless him and grant him peace) asked him: \u2018How did you divorce her?\u2019 He said: \u2018I divorced her thrice.\u2019\u201d He said: \u201cThen, he said: \u2018In one sitting?\u2019 He said: \u2018Yes.\u2019 He said: \u2018Those are [counted as] only one so take her back if you wish.\u2019\u201d He said: \u201cSo he took her back.\u201d This is how Ibn Taymiyyah transmitted it in his\u00a0Fatawa<\/i>\u00a0(3:22).
\nThey do not have [any proofs] besides these two hadiths.
\nThe Proofs of the Majority on Three Occurring Together<\/b>
\nAs for the majority, they have many hadiths that prove the occurrence three divorces, even if a man pronounces them in one sitting, and here are some of them:<\/p>\n

    \n
  1. Al-Bukhari transmitted in\u00a0Bab man Jawwaz al-Talaq al-Thalath<\/i>\u00a0from \u2018A\u2019ishah that a man divorced his wife thrice, and she remarried and was divorced, so the Prophet (Allah bless hm and grant him peace) was asked: \u201cIs she permissible for the first [husband]?\u201d He said: \u201cNo, until he tastes her honey[4<\/a>]<\/sup>\u00a0just as the first tasted [it].\u201d Hafiz [Ibn Hajar] in\u00a0al-Fath<\/i>\u00a0(9:321) inclined towards [the view] that this incident is different from the incident of the wife of Rifa\u2018ah [in which three divorces were issued separately]. Hafiz said: \u201cThe proof is in the apparent [meaning] of his statement: \u2018he divorced her thrice,\u2019 as it is apparent in them having been issued together.\u201d<\/li>\n
  2. Al-Bukhari also transmitted in that chapter the story of \u2018Uwaymir al-\u2018Ajlani regarding\u00a0li\u2018an<\/i>, where \u2018Uwaymir said therein after the mutual imprecation: \u201cI would have lied upon her, O Messenger of Allah, if I keep her,\u201d so he divorced her thrice before the Messenger of Allah (Allah bless him and grant him peace) commanded him. \u2018Allamah al-Kawthari said: \u201cAnd it has not come in a narration from the narrations that he (Allah bless him and grant him peace) condemned him for this, so it proves the occurrence of three together, because the Messenger (Allah bless him and grant him peace) would not have left the people to understand the occurrence of three with one issuance if this understanding was incorrect, and the entire ummah understood that from it, even Ibn Hazm, since he said: \u2018He only divorced her when he assumed that she was his wife, and were three not to occur together, he would have condemned him for that.\u2019\u201d End [quote] from\u00a0al-Ishfaq \u2018ala Ahkam al-Talaq<\/i>.<\/li>\n
  3. Al-Bayhaqi transmitted in his\u00a0al-Sunan al-Kubra\u00a0<\/i>(7:336) from Suwayd ibn Ghafalah, he said: \u2018A\u2019ishah al-Khath\u2018amiyyah was with al-Hasan ibn \u2018Ali (Allah be pleased with him)[5<\/a>]<\/sup>; when \u2018Ali (Allah be pleased with him) was killed, she said: \u201cMay you take joy in the caliphate!\u201d He said: \u201cYou are expressing glee over the death of \u2018Ali?! Go, for you are divorced,\u201d meaning \u201cthrice.\u201d He said: So she covered [herself] with her garment and she sat [in waiting] until her waiting period ended, and then he dispatched to her the leftover which remained of hers from her dowry, and ten thousand [coins] as charity. When the messenger came to her, she said: \u201cA small commodity from a parting lover.\u201d When her statement reached him, he wept, and then he said: \u201cWere it not that I heard my grandfather,\u201d or, \u201cI heard my father that he heard my grandfather say: \u2018Whichever man divorced his wife thrice in the periods,\u2019\u201d or \u201c\u2018thrice\u2019\u201d ambiguously[6<\/a>]<\/sup>, \u201c\u2018she is not permissible for him until she marries a husband besides him,\u2019 I would have taken her back.\u201d Its chain is authentic. Ibn Rajab al-Hanbali al-Hafiz said this after he quoted this hadith in his book\u00a0Bayan Mushkil al-Ahadith al-Waridah fi anna l-Talaq al-Thalath Wahidah<\/i>, as found inal-Ishfaq<\/i>\u00a0(p. 24), and al-Haythami cited it in\u00a0Majma\u2018 al-Zawa\u2019id<\/i>, (4:339 \u2013\u00a0Bab Mut\u2018at al-Talaq<\/i>) from al-Tabari and he said: \u201cAnd there is weakness in its narrators, and they have been declared trustworthy.\u201d<\/li>\n
  4. That which al-Nasa\u2019i transmitted from Mahmud ibn Labid has passed, about the one who divorced his wife thrice, so the Messenger of Allah (Allah bless him and grant him peace) became angry at him. Ibn al-\u2018Arabi mentioned it in opposition to the hadith of Ibn \u2018Abbas in the chapter, and he said: \u201cIt is opposed by the hadith of Mahmud ibn Labid, since there is an explicit mention in it that the man issued divorce thrice together, and the Prophet (Allah bless him and grant him peace) did not reject it, but he enforced it.\u201d \u2018Allamah al-Kawthari said: \u201cPerhaps, he intended the narration of other than al-Nasa\u2019i (because there is nothing in the narration of al-Nasa\u2019i which states clearly that he enforced it), and Abu Bakr al-\u2018Arabi is a\u00a0hafiz<\/i>, extremely vast in narration, or he intended that had he rejected it, it would have been mentioned in the hadith, and his (Allah bless him and grant him peace) anger also proves their occurrence, and this is sufficient [to prove] what he intended.\u201d<\/li>\n
  5. Al-Tabrani transmitted the story of Ibn \u2018Umar\u2019s divorce of his wife while she was menstruating, and he added at its end: \u201cO Messenger of Allah! Had I divorced her thrice, would it be [allowed] for me to take her back?\u201d He said: \u201cThen, she would have separated from you, and it would be a sin.\u201d Al-Haythami said after citing it in\u00a0Majma\u2018 al-Zawa\u2019id<\/i>\u00a0(4:336): \u201cAnd al-Tabrani narrated it, and in it is \u2018Ali ibn Sa\u2018id al-Razi. Al-Daraqutni said: \u2018He is not that [strong], and [others] besides him glorified him, and the rest of its narrators are trustworthy.\u201d The weak slave (may Allah pardon him) says: Al-Dhahabi wrote a biography of \u2018Ali ibn Sa\u2018id al-Razi in\u00a0Mizan al-I\u2018tidal<\/i>\u00a0(3:131 \u2013 Biography: 5850), and he said: \u201cA\u00a0hafiz<\/i>, well-travelled, itinerant. Al-Daraqutni said: He is not that [strong], he was isolated in [narrating] things. I say: He heard Jubarahm ibn al-Mughallis and \u2018Abd al-A\u2018la ibn Hammad. Al-Tabrani, al-Hasan ibn Rashiq and a group narrated from him. Ibn Yunus said: \u2018He would understand and memorise.\u2019\u201d Hence it is clear that no one spoke ill of him besides al-Daraqutni, and he criticised him using only light words, and al-Dhahabi was not satisfied with them. Isra\u2019il ibn Yunus declared him trustworthy, and al-Dhahabi considered him a Hafiz. Hence, the hadith of the like of him will not be rejected, and it is corroborated by what has preceded from the author [Muslim] (hadith 354) through the route of Nafi\u2018: He said: \u201cThen, when Ibn \u2018Umar was asked about a man that divorced his wife while she was menstruating, he would say: \u2018And if you divorced her thrice, you would have disobeyed your Lord in that which He commanded you in terms of [the procedure of] divorcing your wife, and she would become separated from you.\u201d The outward of it [suggests] that he heard that from the Messenger of Allah (Allah bless him and grant him peace).<\/li>\n
  6. Al-Nasa\u2019i drew proof for the occurrence of three [divorces issued] together from the story of Fatimah bint Qays, in which it is mentioned that he sent to her [a messenger] with three pronunciations of divorce. She said: The Messenger of Allah (Allah bless him and grant him peace) said: \u201cMaintenance and shelter is only for the woman when the husband has [the right of] revocation over her.\u201d And it has occurred from al-Daraqutni (4:11,12) through the route of Abu Salamah: \u201cHafs ibn \u2018Amr ibn al-Mughirah divorced Fatimah bint Qays with one statement thrice.\u201d [This is] from that which proves that these three were [issued] together. Based on this, al-Nasa\u2019i\u2019s drawing proof from this story is correct. However, that which contradicts this was transmitted by Muslim, since it has come in it: \u201cHe divorced her with the last of three divorces\u201d and in some narrations: \u201cHe divorced her with a divorce that remained from her divorce.\u201d [This is] from that which proves that the three did not occur together. Hence, the weightier [view] is that it is not correct to use the story of Fatimah bint Qays as proof due to the contradiction in the narrations, or due to the narration of Muslim being stronger than the narration of al-Daraqutni. And Allah knows best.<\/li>\n
  7. \u2018Abd al-Razzaq (2:393) and al-Tabrani \u2013 and the wording is his \u2013 transmitted from \u2018Ubadah ibn al-Samit (Allah be pleased with him), he said: One of my ancestors divorced his wife a thousand times, so his children proceeded to the Messenger of Allah (Allah bless him and grant him peace), and they said: \u201cO Messenger of Allah! Indeed, our father divorced our mother a thousand times. Does he have any way out?\u201d He said: \u201cVerily, your father did not have fear of Allah (Exalted is He) such that He should make for him in his matter a way out! She is separated from him with three [divorces], not on [the way of] Sunnah, and the nine hundred and ninety seven are a sin on his neck.\u201d Al-Haythmi said in\u00a0Majma\u2018 al-Zawa\u2019id<\/i>\u00a0(4:338,Bab fiman Tallaqa Akthara min Thalath<\/i>): \u201cAnd in it is \u2018Ubayd Allah ibn al-Walid al-Wassafi al-\u2018Ijli, and he is weak.\u201d I say: Ahmad said of him: \u201cHis hadiths are written for knowledge,\u201d as found in\u00a0al-Mizan<\/i>(3:17). This is why I mentioned this hadith of his, as support, not as independent [evidence].<\/li>\n
  8. \u2018Abd al-Razzaq transmitted in his\u00a0Musannaf<\/i>\u00a0(6:393 \u2013 hadith: 11340) through the route of al-Thawri from Salamah ibn Kuhayl from Zayd ibn Wahb that [the case of] a man who divorced his wife a thousand times was raised to \u2018Umar, and he said: \u201cI was only playing.\u201d So \u2018Umar (Allah be pleased with him) overcame him with the whip, and he said: \u201cOnly three of those would have been sufficient for you!\u201d Al-Bayhaqi (7:334) transmitted it also through the route of Shu\u2019bah from Salamah ibn Kuhyal, and both routes and their narrators are the narrators of the Group.<\/li>\n
  9. Al-Bayhaqi (7:334) transmitted through the route of Sa\u2018id ibn Mansur: Sufyan narrated to us from Shaqiq, he heard Anas ibn Malik say: \u2018Umar ibn al-Khattab (Allah be pleased with him) said about the man that divorces his wife thrice before he penetrates her, he said: \u201cThey are three. She is not permissible for him until she marries a husband besides him.\u201d And when he was brought to him, he would punish him.<\/li>\n
  10. \u2018Abd al-Razzaq (7:394) transmitted from Ibrahim ibn Muhammad from Sharik ibn Abi Namir, he said: A man came to \u2018Ali and he said: \u201cIndeed, I divorced my wife the number of\u00a0\u2018arfaj<\/i>\u00a0[plants].\u201d He said: \u201cYou take three from the [number of]\u00a0\u2018arfaj<\/i>\u00a0[plants] and you leave the rest.\u201d Ibrahim said: Abu l-Huwayrith reported to me from \u2018Uthman ibn \u2018Affan the like of that. Sharik ibn Abi Namr is \u201ctruthful, erring,\u201d as found in\u00a0al-Taqrib<\/i>, but he is corroborated by what al-Bayhaqi (7:334) transmitted from two routes from \u2018Ali (Allah be pleased with him) about the one who divorced his wife thrice before he penetrates her, he said: \u201cShe is not permissible for him until she marries a husband besides him.\u201d<\/li>\n
  11. Malik transmitted in his\u00a0Muwatta\u2019<\/i>\u00a0(Talaq al-Bikr<\/i>, p. 207) from \u2018Ata\u2019 ibn Yasar, he said: A man came asking \u2018Abd Allah ibn \u2018Amr ibn al-\u2018As about a man that divorced his wife thrice before he touches her. \u2018Ata\u2019 said: I said: \u201cThe divorce of a virgin is only one.[7<\/a>]<\/sup>\u201d \u2018Abd Allah ibn \u2018Amr said: \u201cYou are only a storyteller! One [divorce] separates her, and three makes her forbidden until she marries a husband besides him.\u201d<\/li>\n
  12. \u2018Abd al-Razzaq (hadith 11343) transmitted from Ma\u2018mar from al-A\u2018mash from Ibrahim from \u2018Alqamah, he said: A man came to Ibn Mas\u2018ud and he said: \u201cI divorced my wife ninety nine times, and I asked [the people of knowledge] and it was said to me: \u2018She is separated from me.\u2019\u201d Ibn Mas\u2018ud said: \u201cIndeed they love to separate you from her.\u201d He said: \u201cSo what do you say, Allah have mercy on you?\u201d He thought he will find a dispensation for him. Thereupon, he said: \u201cThree separates her from you, and the rest is transgression.\u201d<\/li>\n
  13. \u2018Abd al-Razzaq (11344) transmitted from Ma\u2018mar from al-Zuhri from Salim from Ibn \u2018Umar, he said: \u201cWhoever divorces his wife thrice, she is divorced, and he has disobeyed his Lord.\u201d And al-Bayhaqi transmitted through the route of \u2018Ubayd Allah ibn \u2018Umar from Nafi\u2018 from Ibn \u2018Umar, he said: \u201cWhen a man divorces his wife thrice before he penetrates her, she is not permissible for him until she marries a husband besides him.\u201d<\/li>\n
  14. Malik transmitted in\u00a0al-Muwatta\u2019<\/i>\u00a0(Bab Talaq al-Bikr<\/i>, p. 208) from Mu\u2018awiyah ibn Abi \u2018Ayyash al-Ansari that he was sitting with \u2018Abd Allah ibn al-Zubayr and \u2018Asim ibn \u2018Umar. He said: Muhammad ibn Iyas ibn al-Bukayr came to them, and he said: \u201cA man from the people of the desert divorced his wife thrice before he penetrated her so what do you two opine?\u201d \u2018Abd Allah ibn al-Zubayr said: \u201cNo statement has reached us on this matter, so go to \u2018Abd Allah ibn \u2018Abbas and Abu Hurayrah, for indeed I left them with \u2018A\u2019ishah, so ask them and then come to us and inform us.\u201d He went and asked them, so Ibn \u2018Abbas said to Abu Hurayrah: \u201cAnswer him, O Abu Hurayrah! For indeed a complicated [matter] has come to you.\u201d Abu Hurayrah said: \u201cOne separates her, and three makes her impermissible until she marries a husband besides him.\u201d Ibn \u2018Abbas said the like of this.<\/li>\n<\/ol>\n

    This hadith instructs us that these five Sahabah (\u2018Abd Allah ibn al-Zubayr, \u2018Asim ibn \u2018Umar, Abu Hurayrah, Ibn \u2018Abbas and \u2018A\u2019ishah) were in agreement on the occurrence of three divorces with one statement. As for the position of Abu Hurayrah and Ibn \u2018Abbas, [it is] manifest. As for \u2018Abd Allah ibn al-Zubayr and \u2018Asim ibn \u2018Umar, then because they found this matter difficult in the non-consummated [marriage], so if the number three was meaningless in the consummated [marriage], they would not have found that [question] difficult and would have answered that the [divorces] do not occur in the non-consummated [marriage] by way of greater priority; and they only found the matter difficult because it was about the non-consummated [marriage]. As for \u2018A\u2019ishah (Allah be pleased with her), then because the apparent context of the story is that she was present when Abu Hurayrah and Ibn \u2018Abbas answered with this [answer].
    \nThus, these jurists of the Sahabah, the likes of \u2018Umar, \u2018Ali, \u2018Uthman, Ibn Mas \u2018ud, Ibn \u2018Umar, \u2018Abd Allah ibn \u2018Amr, \u2018Ubadah ibn al-Samit, Abu Hurayrah, Ibn \u2018Abbas, Ibn al-Zubayr, \u2018Asim ibn \u2018Umar and \u2018A\u2019ishah are all agreed on the occurrence of three even if a man pronounces them in one sitting. And they are sufficient as proof and support.
    \nReply to Opposing Evidences<\/b>
    \nAs for the hadith of Ibn \u2018Abbas (Allah be pleased with them) in the chapter, the majority answered it using various replies, detailed by Hafiz in\u00a0Fath<\/i>\u00a0(9:316-9), and the best of them according to me are two answers:
    \nFirst, that this hadith was transmitted with respect to a particular scenario, which is that the man repeats the word \u201cdivorce\u201d with the intention of emphasis not initiation, as he says: \u201cYou are divorced, you are divorced, you are divorced.\u201d Initially, due to the soundness of their hearts, it was accepted from them that they intended emphasis. Then, when [the number of] people increased in the time of \u2018Umar and deception and its like, of that which prevents acceptance of the one who claims emphasis, became common amongst them, \u2018Umar interpreted the word according to the outward [meaning] of repetition, and he enforced it on them in judicial decree. This answer was approved by al-Qurtubi and he strengthened it with the statement of \u2018Umar: \u201cVerily, the people have hastened in a matter in which they used to have patience.\u201d Likewise, al-Nawawi said: \u201cThis is the most authentic of answers.\u201d
    \nSecond, that his statement, \u201cthree,\u201d is interpreted, so that the intent of it is the word \u201calbattah<\/i>\u201d (absolutely), as will come in the hadith of Rukanah, which is also from the narration of Ibn \u2018Abbas. And this is a strong [possibility], and is supported by al-Bukhari\u2019s inclusion in this chapter narrations in which is found \u201calbattah<\/i>\u201d and hadiths in which there is a clear pronouncement of \u201cthree,\u201d as though he is indicating that there is no difference between them, and that when \u201calbattah<\/i>\u201d was used unqualifiedly, it is understood as three, unless the divorcer intends one, in which case it will be accepted [as one]. Hence, it as though some of the narrators of the hadith understood the word \u201calbattah<\/i>\u201d as three due to the widespread understanding of the equality between them, so they narrated it with the word \u201cthree\u201d although the intent was the word \u201calbattah<\/i>.\u201d And [the meaning of the hadith is that] in the first period, they would accept [it as one divorce] from the one who said I intended one [divorce] in [saying] \u201calbattah<\/i>\u201d, and then when it was the time of \u2018Umar, he enforced all three in the outward judicial ruling. This is from\u00a0Fath al-Bari<\/i>.
    \nThe weak slave (Allah pardon him) says:
    \nThat the Sahabah reached consensus in the time of \u2018Umar on the validity of what \u2018Umar decreed, and none of them condemned that, supports this; and if his decree was an innovated decree \u2013 and refuge is from Allah \u2013 or was against the decree of the Messenger of Allah (Allah bless him and grant him peace), not even one of the Sahabah would be satisfied with that, let alone all of them; such that Ibn \u2018Abbas himself \u2013 and he is the one who narrates the hadith of the chapter and the hadith of Rukanah, both of them \u2013 would issue fatwa on the binding-ness of three as you just came to know. Abu Dawud transmitted with a chain authenticated by Hafiz [Ibn Hajar al-\u2018Asqalani] in\u00a0Fath al-Bari<\/i>\u00a0through the route of Mujahid, he said: I was with Ibn \u2018Abbas, and a man came to him and said that he divorced his wife thrice, so he was silent until I thought that he would return her to him. Then he said: \u201cOne of you proceeds and commits a foolish deed, and then says: \u2018O Ibn Abbas! O Ibn Abbas!\u2019 Verily Allah said: \u2018Whoever fears Allah, He brings forth a way out for him\u201d (65:2), and indeed you did have fear of Allah, so I find no way out for you. You disobeyed your Lord and your wife is irrevocably separated from you.\u201d
    \nThus it is inconceivable from Ibn \u2018Abbas that he had in his possession a ruling from the Prophet (Allah bless him and grant him peace), and then he issued a fatwa in opposition to it, except for a reason that became manifest to him. And the narrator of a report is more learned than [those] besides him of what he narrated.
    \nAs for the hadith of Rukanah which Ibn Taymiyyah and others adduced as proof, it is what Ahmad and Abu Ya\u2018la transmitted, and authenticated, from Ibn \u2018Abbas, he said: Rukanah ibn \u2018Abd Yazid divorced his wife thrice in one sitting, so the Prophet (Allah bless him and grant him peace) said: \u201cThat is only one, so take her back if you wish,\u201d whereupon he took her back.
    \nThe answer to this is that the reports on the story of Rukanah\u2019s divorce are conflicting. Thus, it is narrated from him that he divorced his wife thrice as in the hadith of Ibn \u2018Abbas, according to Ahmad; and it is narrated from him that he divorced his wife with the word \u201calbattah<\/i>\u201d as in the hadith of Rukanah himself according to Abu Dawud. This is why al-Bukhari found it defective due to the inconsistency, and Ibn \u2018Abd al-Barr declared it weak in\u00a0al-Tamhid<\/i>\u00a0as mentioned in\u00a0al-Talkhis<\/i>\u00a0by Hafiz (3:213). The narration of Ibn \u2018Abbas according to Ahmad was regarded as objectionable by al-Jassas and Ibn al-Humam due to its opposition to the narration of firm trustworthy narrators who narrated it with the word \u201calbattah<\/i>,\u201d and Hafiz Ibn Hajar regarded it as defective in\u00a0al-Talkhis al-Habir<\/i>.
    \nAbu Dawud (Allah have mercy on him) gave preference in his\u00a0Sunan<\/i>\u00a0to [the interpretation] that Rukanah only divorced his wife with \u201calbattah<\/i>\u201d due to what he transmitted through the route of the family of Rukanah, and the household is more aware of the story than others. Hafiz [Ibn Hajar] said in\u00a0Fath al-Bari<\/i>\u00a0(9:316): \u201cAnd this is a strong explanation as it is possible some of its narrators interpreted \u2018albattah<\/i>\u2019 as three, so they said: \u2018He divorced her three times.\u2019 Drawing evidence from the hadith of Ibn \u2018Abbas is impeded due to this point.\u201d
    \nThe weak slave (may Allah pardon him) says:
    \nThe upshot is that Rukanah (Allah be pleased with him) only divorced his wife with his statement: \u201cYou are divorced\u00a0albattah<\/i>,\u201d and he did not intend by that but one divorce, and the Prophet (Allah bless him and grant him peace) considered him truthful and he allowed him to marry her again, and this is the intent of \u201che took her back\u201d in the hadith. Some of the narrators thought that the intent of \u201calbattah<\/i>\u201d is three divorces, so they narrated the hadith with the word \u201cthree.\u201d
    \nIf it is conceded that the reality is the reverse of what we said, and that Rukanah issued three divorces to his wife, and then some of them narrated it with the word \u201calbattah<\/i>,\u201d then the Messenger of Allah (Allah bless him and grant him peace) did not regard it as one divorce except after he made him swear an oath that he did not intend by that except one divorce; due to what Abu Dawud, al-Tirmidhi, Ibn Majah and al-Darimi transmitted, in which it is [mentioned]: \u201cHe informed the Prophet (Allah bless him and grant him peace) of that and he said: \u2018By Allah, I did not intend but one.\u2019 So the Messenger of Allah (Allah bless him and grant him peace) said: \u2018By Allah, You did not intend but one?\u2019 Rukanah said: \u2018By Allah, I did not intend except one.\u2019 So the Messenger of Allah (Allah bless him and grant him peace) returned her to him.\u201d
    \nConsider how the Messenger of Allah (Allah bless him and grant him peace) made him take an oath twice that he did not intend but one [divorce]. And we have mentioned earlier that the claim of the intention of emphasis was taken into consideration in judicial decrees in the time of the Prophet (Allah bless him and grant him peace) because that era was free of lying and deception. Were three divorces counted as one always, as Ibn Taymiyyah and those who agree him believe, the Messenger of Allah (Allah bless him and grant him peace) would not have made him take an oath that he intended one, because in that case there is no need for intention and no benefit in making him swear an oath, because Ibn Taymiyyah and those who agree with him do not make intention a condition in this, but they regard three as one even if the divorcer intended three. Thus, the most that the hadith of Rukanah (Allah be pleased with him) proves is that the Prophet (Allah bless him and grant him peace) regarding him as truthful with respect to the intention of emphasis in judicial decree, which is accepted according to us, and there is nothing in it that proves that three is one even if a man pronounces them with the intention of initiating [new divorces]. Hence, adducing it as proof is totally invalid.
    \nThen al-Qurtubi said: \u201cAnd the proof of the majority for the binding-ness [of all three] from the perspective of reason is completely manifest. That is, the one divorced thrice is not permissible for the issuer of divorce until she marries a husband besides him, and there is no difference between them [i.e. the divorces] being together or separate, linguistically or in the Shari\u2018ah. And that which is conceived of, in terms of a difference [between them], is [only] in appearance. The Shari\u2018ah discards [this apparent difference], by agreement, in marriage, emancipating slaves and acknowledgements [of debt]. Hence, if a guardian was to say: \u2018I wed you to these three [women],\u2019 using one statement, it would be effected, just as if he were to say: \u2018I wed you to this, this and this [woman].\u2019 [The ruling] in emancipating and acknowledgement and other than them of laws is like this. Those who opine that when three occur together they are regarded as one argue that the one who says, \u2018I swear by Allah thrice,\u2019 his oath is not counted but as one oath, so the divorce ought to be the same as that. This is refuted by the difference between the two issues, as the divorcer initiates divorce of his wife and the maximum and the limit of her divorce has been stipulated as three, so when he says, \u2018You are divorced thrice,\u2019 it is as though he said, \u2018You are divorced with all divorces.\u2019 As for the one taking an oath, there is no limit to the number of his oaths. Hence, they [i.e. divorcing and taking an oath] are different.\u201d This is from\u00a0Fath al-Bari<\/i>.
    \nHafiz [Ibn Hajar al-\u2018Asqalani] said: \u201cAnd in sum, that which has occurred in this matter is exactly equivalent to what occurred in the matter of temporary marriage (mut\u2018ah<\/i>). I mean the statement of Jabir that it used to be practised in the time of the Prophet (Allah bless him and grant him peace), Abu Bakr and at the start of the caliphate of \u2018Umar. He said: \u2018Then \u2018Umar forbade us, so we refrained.\u2019 Thus, the weightier [view] in both places is the prohibition of temporary marriage and the occurrence of three [divorces issued in one sitting], due to the consensus that occurred in the time of \u2018Umar on that, and it has not been recorded that any, in the time of \u2018Umar, opposed him in either of them. Their consensus proves the presence of an abrogating [text] \u2013 even if it was hidden to some of them before that \u2013 until it became manifest to them all in the time of \u2018Umar. Thus, the opponent after this consensus is in violation of it [i.e. consensus], and the majority are upon [the view of] not taking into consideration one who introduces a disagreement after an [earlier] consensus. And Allah knows best.\u201d
    \nTakmilah Fath al-Mulhim<\/i>, 1:162-71
    \n_____________________________<\/p>\n

      \n
    1. That is, by saying: \u201cI divorce you, I divorce you, I divorce you.\u201d [\u21a9<\/a>]<\/li>\n
    2. That is, by saying: \u201cI divorce you thrice.\u201d [\u21a9<\/a>]<\/li>\n
    3. There are two types of divorce in the Shari\u2018ah: a revocable divorce and an irrevocable divorce. The first is the standard form of divorce. In a revocable divorce, the woman remains the man\u2019s wife during the waiting period, and he may take her back in that period. If he does not take her back during the waiting period, they will have separated and the marriage is no longer intact, although the man and woman retain the option to renew the marriage contract. In an irrevocable divorce, the man and woman are immediately separated; nonetheless, just as is the case with the period following the waiting period of a revocable divorce, the man and the woman have the option to renew the marriage. This process may continue up to a maximum of three divorces, whether revocable or irrevocable. Once three divorces have been issued, the woman becomes permanently irrevocably divorced (mughallazah<\/i>), which means the man and woman may not remarry unless the woman marries another man and consummates the marriage with him. This is the ruling with respect to a marriage that has been consummated. In an unconsummated marriage, there is no revocable divorce: there is an immediate separation with any type of divorce. However, as with a consummated marriage, the man and woman may renew the marriage, and just as in a consummated marriage, this may continue to a maximum of three divorces. (Translator) [\u21a9<\/a>]<\/li>\n
    4. An allusion to sexual intercourse [\u21a9<\/a>]<\/li>\n
    5. Meaning, she was married to him [\u21a9<\/a>]<\/li>\n
    6. That is, without qualifying it with \u201cin the periods\u201d [\u21a9<\/a>]<\/li>\n
    7. Before consummation, if the husband issues one divorce the wife becomes separated from the husband, and as the marriage is no longer intact, any further divorce issued will be futile. However, if three divorces are issuedat once<\/i>, as in he says, \u201cYou are divorced thrice,\u201d all three will take effect, and she will become\u00a0mughallazah<\/i>. If, on the other hand, three divorces are issued together but separately, as in he says, \u201cYou are divorced, you are divorced, you are divorced,\u201d she is separated from him after the first issuance of divorce, so he does not have the authority to issue the remaining two divorces. This is why unlike a consummated marriage, the latter sentence will result in only one divorce. [\u21a9<\/a>]<\/li>\n<\/ol>\n

      (Taken fromwww.deoband.org)<\/p>\n","protected":false},"excerpt":{"rendered":"

      BY : Mufti Muhammad Taqi Usmani. ARE THREE DIVORCES ISSUED IN ONE SITTING COUNTED AS ONE? Translated by Zameelur Rahman Ishaq ibn Ibrahim and Muhammad…<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_editorskit_title_hidden":false,"_editorskit_reading_time":0,"_editorskit_is_block_options_detached":false,"_editorskit_block_options_position":"{}","footnotes":""},"categories":[60],"tags":[],"class_list":["post-1737","post","type-post","status-publish","format-standard","hentry","category-nikah-talaq-etc","wpcat-60-id"],"_links":{"self":[{"href":"https:\/\/www.fiqhulislam.com\/index.php?rest_route=\/wp\/v2\/posts\/1737","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.fiqhulislam.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.fiqhulislam.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.fiqhulislam.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.fiqhulislam.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1737"}],"version-history":[{"count":0,"href":"https:\/\/www.fiqhulislam.com\/index.php?rest_route=\/wp\/v2\/posts\/1737\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.fiqhulislam.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1737"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.fiqhulislam.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1737"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.fiqhulislam.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1737"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}