Giving three talaq at once was considered one up until the first two years of hazrat umar khilafat.

THREE TALAAQS

Nikah is a happy occasion that bonds together couples, families and the Ummah at large. The backbone of a successful marriage is Taqwa. The couple will be governed, motivated and adopt courage in their ups and downs of their marriage due to their fear for Allah Ta’ala. However, at times, when the marriage has reached a point of no return, the Shari’ah has permitted the dissolution of the Nikah by means of Talaaq. This is the very last resort and is against the spirit of Nikah. Rasulullah [sallallaahu alayhi wasallam] is reported to have said, ‘The most detestable of all permissible things is Talaaq.’ (Mishkaat pg.283; Qadeemi).

Allah Ta’ala states, ‘O People, fear your Rabb who has created you from one’s soul and created therefrom its spouse and spread therefrom many men and women.’ (Surah al-Nisaa pg.106)

The most severe form of Talaaq is the issuing of three Talaaqs which severs the marriage permanently. There is no difference whether such a Talaaq was issued over a period of time, or it was issued in one sitting and in one breadth. This is the clear ruling established from the Qur’aan and Hadith.

Some ‘scholars’ consider the issuing of three Talaaqs in one sitting as ‘one Talaaq’. As a result of this ruling made by them, the Muslim public (couples that have divorced) are using this ‘view’ in some instances to reunite and reconcile their marriages.

It should be borne in mind that the Ulama have a standing policy to always ‘make a marriage – never to break it’, depending entirely on the couple’s situation and decision in their marriage. In the event of the husband saying to his wife; ’I divorce you, I divorce you, I divorce you’ in one siting – in one breadth – at one time (meaning the same thing), according to the Islamic Fiqh – the Shari’ah – three Talaaqs will take place. This is termed as Mughalladha (very severe).

The four most respected and distinguished scholars, viz. Imaam Abu Hanifa [ra], Imaam Shaafi’ee [ra], Imaam Maalik [ra] and Imaam Ahmad [ra] unanimously hold the view that three Talaaqs take place. However, according to Imaam al-Shaafi’ee [ra], the issuing of three Talaaqs is permissible and according to Imaam Maalik [ra], Imaam Ahmad [ra] and Imaam Abu Hanifa [ra] it is Haraam and a Bid’ah. Nevertheless, the three Talaaqs still take place. In an attempt to substantiate the Shari’ah ruling regarding this issue, carefully study the following quotations and explanations:

1. Allah Ta’ala states in the Qur’aan, ‘Divorce is twice’. (Qur’aan 2:229). In Jalaalayn Shareef, a widely accepted commentary of the Qur’aan, the explanation of the above verse is given as follows: ‘The divorce after which it is permissible to revoke is two (divorces).’ It is further stated, ‘If the husband divorces (his wife) after two divorces, then she is not Halaal for him after the third divorce.’ (Jalaalayn pg.34).

2. Abu Bakr Jassas Razi [ra], an expert jurist states in Ahkaamul Qur’aan (vol.1 pg.387), ‘(upon issuing the third divorce), she will not be permissible for him (the husband). There is no difference whether the (divorces) were given in one Tuhr (clean period) or two different Tuhrs (clean periods). The ruling will apply with regard to the issuing of all three divorces in whichever way the husband had issued them.’ (Ibid).

3. Allamah Aloosi [ra] in his highly authentic commentary of the noble Qur’aan states, ‘(and this ruling) upon which the people of Haqq (truth) today have opposed all of that (three Talaaqs being one).’ (Roohul Ma’ani vol.2 pg.13).

4. Whilst a detailed explanation from authentic Tafaseer could be presented pertaining to three Talaaqs being effective in one sitting, in the interest of brevity we have kept it concise. The same can be substantiated from the Ahaadith of Rasulullah [sallallaahu alayhi wasallam].

5. Hadhrat Ali [radhiallaahu anhu] reports that Rasulullah [sallallaahu alayhi wasallam] heard one person giving his wife three divorces, Rasulullah [sallallaahu alayhi wasallam] became angry and said, ‘You are making a mockery of the verses of Allah and the Deen of Allah. Whosoever gives his wife a terminating divorce, we will make three binding on him. His wife will not be Halaal for him until she does not marry another husband. (Daarqutni vol.4 pg.20; Fikr)

If three Talaaqs issued together were regarded as one then the Prophet [sallallaahu alayhi wasallam] would not have got angry. He would not have said, ‘We impose three Talaaqs on him’. He did not even enquire if the Talaaqs were given in one istting. This Hadith is clear in that three divorces issued together will be three divorces and not one.

6. It is reported from Mahmood ibn Labid that Rasulullah [sallallaahu alayhi wasallam] was informed of a person who had given his wife three divorces at once. Rasulullah [sallallaahu alayhi wasallam] stood up in a state of anger and said, ‘Are you playing with the Ayaats of Allah and His Kitaab whilst I am amongst you?’ a person stood up and said, ‘O Rasulullah [sallallaahu alayhi wasallam], should I not kill him?’ (Nasaaie vol.2 pg.99; Qadeemi)

This Hadith too is explicit that three Talaaqs were given together, therefore, Rasulullah [sallallaahu alayhi wasallam] got angry. If three Talaaqs were one, Rasulullah [sallallaahu alayhi wasallam] would not have become angry. The Sahaaba [radhiallaahu anhu] also understood from Rasulullah [sallallaahu alayhi wasallam] that three Talaaqs were valid and that is the reason as to why a particular Sahaabi even enquired permission to assassinate the person who gave his wife three Talaaqs.

7. Ibn Umar [radhiallaahu anhu] was asked about a person who gave Talaaq three times. He remarked, ‘If he had given her one or two divorces for Rasulullah [sallallaahu alayhi wasallam] ordered me the same. But if he had given her three Talaaqs, then she is Haraam upon him until she marries another man.’ (Sahih Muslim vol.2 pg.476; Qadeemi)

8. In the incident of Li’aan, Hadhrat Uwaymir said to Rasulullah [sallallaahu alayhi wasallam], ‘I have spoken a lie upon her if I kept her (as my wife). Hence, he divorced her three times.’ (Bukhari vol.2 pg.791; Qadeemi)

Abu Bakr Jassas Razi [ra] also quotes this Hadith to substantiate that three divorces in one sitting is three. This was done in the presence of Rasulullah [sallallaahu alayhi wasallam]. The Prophet [sallallaahu alayhi wasallam] acknowledged its validity as three.

9. Once, Imaam Hasan [radhiallaahu anhu] told his wife, ‘Go away, for you are divorced thrice’. When he was grieved at the separation of his wife, he said, ‘If it was not for me hearing my grandfather (Rasulullah [sallallaahu alayhi wasallam]) (or if my father did not tell me that he heard my grandfather) saying, ‘Whosoever gives his wife three Talaaqs in the state of Tuhr (non-menstrual period) or three Talaaqs together, she is not Halaal for him until she marries another man, I would have taken her back.’ (Muhadhab vol.6 pg.2925)

This incident reiterates the fact that three Talaaqs in one sitting is three and not one. If anyone who was worthy of any exception to the law, it would have been the illustrious grandson of Rasulullah [sallallaahu alayhi wasallam], Hadhrat Hasan ibn Ali [radhiallaahu anhu]. However, this was not the case. The rule of three Talaaqs in one sitting was binding on him too.

10. Imaam Bukhari’s [ra] expertise in the field of Hadith is unanimously accepted. His research in the matter of three Talaaqs concludes that three Talaaqs in one sitting is three and not one. In his ‘Sahih’, he titled a chapter with the following heading, ‘The chapter of he who permits three Talaaqs.’ He supports this title with the following Hadith: Hadhrat Aaisha [radhiallaahu anha] narrates that a man gave his wife three divorces. The wife remarried and (incidentally) her (second) husband divorced her. It was then enquired from Rasulullah [sallallaahu alayhi wasallam], ‘Is she Halaal for the first husband?’ Rasulullah [sallallaahu alayhi wasallam] replied, ‘No, until he tastes her sweetness (consumates the marriage) like how the first husband tasted her sweetness.’ (Bukhari vol.2 pg.691)

With regard to the above incident, Hafiz ibn Hajar [radhiallaahu anhu] explains that the husband had given his wife three Talaaqs together. He says, ‘His words, divorced thrice, explicitly indicates that (the Talaaqs) were given together.’ (Fath al-Baari vol.9 pg.453)

11. Imaam Muslim [ra], a famous student of Imaam Bukhari, also holds the same view as Imaam Bukhari [ra]. Imaam al-Nawawiy [ra] writes, ‘Imaam al-Shaafi’ee, Imaam Maalik, Imaam Abu Hanifa and Imaam Ahmad and all the Ulama of the past say that three Talaaqs in one sitting is three.’ (Sharh Nawawiy vol.1 pg.478; Qadeemi). The author of Shaami states, ‘Majority of the Sahaaba, Taabi’een and latter Ulama have opted that indeed three Talaaqs are effected (if given in one sitting). (Raddul Mukhtaar vol.2 pg.576)

The Ahlul Hadith (experts in Hadith) comprising of the likes of ibn Qayyim [ra] and ibn Taymiyah [ra] consider three Talaaqs to be one. The proofs they have sent forth to substantiate their claim is as follows:

1. The narration of Abdullah ibn Abbaas [radhiallaahu anhu] wherein he mentions that the issuing of three Talaaqs was considered to be one in the era of Rasulullah [sallallaahu alayhi wasallam], in the era of Abu Bakr [radhiallaahu anhu] and two years from the Khilaafat of Umar [radhiallaahu anhu]. (Sahih Muslim vol.1 pg.477)

The Fatwa of Abdullah ibn Abbaas [ra] in the Hadith of Mujaahid reports, ‘I was in the company of ibn Abbaas [radhiallaahu anhu] when a man came and said he had given his wife three Talaaqs. Ibn Abbaas [radhiallaahu anhu] remained silent and we thought that he would send her back to him. Then he said, ‘You walk and rise on stupidity, then you say, ‘Oh ibn Abbaas, Oh ibn Abbaas, Allah says, Talaaq (after which revoking is permissible) is two …’ you have disobeyed your Rabb and your wife is separated from you. (Abu Dawud vol.1 pg.317)

The question arises here as to how Abdullah ibn Abbaas issued a Fatwa in Abu Dawud contrary to what he has narrated.

The answer to this question is simple. The Hadith in Muslim has a different angle to it. It refers to a ghayr madkhool (a woman whose Nikah has not been consummated). In such a situation, if a man issues her one Talaaq, it’s Talaaq-e-Baain (a terminating divorce) that takes place. In the era of the Khilaafat of Umar [radhiallaahu anhu], people used to give three Talaaqs to a Ghayr Madkhool (a woman whose Nikah has not been consummated), and three Talaaqs was not needed because she can become Mughalladha with just one Talaaq.

The second reason to this is that at times a person used to say thrice ‘Anti taaliq’ (your are divorced), but intended with the second two Talaaqs emphasis (Ta’keed), not to initiate a new Talaaq. Previously, people could be trusted on their honesty in saying that the second two Talaaqs was for emphasis and not to initiate a new Talaaq. Hadhrat Umar [radhiallaahu anhu] himself said that now when people issue three Talaaqs, it will be counted as three Talaaqs because the honesty of people can be trusted no more.

The Hadith of Rukhana

In explanation to this Hadith, Imaam Muslim quotes many narrations which mention that Rukhana [radhiallaahu anhu] pronounced Talaaq al-Battat. The word ‘al-Battat’ could be interpreted as one Talaaq or three Talaaqs. Furthermore, the Prophet [sallallaahu alayhi wasallam] did not ask him, ‘How did you pronounce the divorces?’ Instead, he asked him, ‘What did you intend with that?’ Rasulullah [sallallaahu alayhi wasallam] did not even enquire if he pronounced it in one sitting. The complete text of this Hadith is as follows: Abdullah ibn Yazid ibn Rukhana [radhiallaahu anhu] reports from his father who reported from his grandfather saying, ‘I came to Rasulullah [sallallaahu alayhi wasallam] and said, ‘Oh Prophet of Allah, I pronounced Talaaq al-Battat to my wife.’ The Prophet [sallallaahu alayhi wasallam] enquired from him, ‘What did you intend with that (al-Battat).’ I said, ‘(one) divorce’. The Prophet [sallallaahu alayhi wasallam] said, ‘By Allah (do you swear), I said, ‘By Allah’. The Prophet [sallallaahu alayhi wasallam] said, ‘Then, it is according to what you intend.’ (Abu Dawud vol.1 pg.318; Qadeemi)

If we assume that it was a general rule that three divorces in one sitting constitutes one divorce, then why did the Prophet [sallallaahu alayhi wasallam] enquire from him his intention? This questioning itself indicates that there is a possibility that it could be one or three. The purpose of this questioning was definitely not to acertain as to whether the Talaaqs took place in one sitting or not because there is no mention of this in any Sahih Hadith.

So, why did we give preference to the Fatwa of Abdullah ibn Abbaas over the Hadith which Hadhrat ibn Abbaas [radhiallaahu anhu] narrated? As far as the Ahaadith are concerned, there is inconsistency in the Hadith. In certain narrations, the words ‘Certainly, I divorced her three times’ and in other places the word ‘al-Battat; is mentioned. In some Ahaadith, the name Rukhana is mentioned and in other narrations ‘the mother of Rukhana’ is mentioned.

The principle in the acceptance of apparently contradicting narrations of Ahaadith is such that if reconcilement between the Ahaadith cannot be attained, then such Ahaadith like these will be dismissed. Therefore, we give preference to the Fatwa of Abdullah ibn Abbaas [radhiallaahu anhu].

It does not go unnoticed that the Ahlul Hadith are known to hold very firm to the views and opinions of Imaam Bukhari [ra], yet in this case, they too gave Talaaq to Imaam Bukhari [ra] as Imaam Bukhari [ra] is also of the opinion that three Talaaqs (in one sitting) constitute three Talaaqs and not one.

Tariq ibn Abdur Rahmaan narrates from Shu’bah saying, ‘I heard Qays ibn Hazim saying, a man asked Muhgira and I am witness concerning a man divorcing his wife a hundred times, then Mughira said, ‘Three makes her Haraam and ninety seven is extra.’ (Muadhab vol.2 pg.2925; Watan)

Imaam Maalik in his Muatta quotes the Fatwa of ibn Abbaas [radhiallaahu anhu] as follows: It has reached me (Maalik) that one person said to ibn Abbaas [radhiallaahu anhu] ‘I divorced my wife a hundred times, what will you rule on me?’ ibn Abbaas [radhiallaahu anhu] said, ‘She is divorced from you with the first three divorces and for the ninety seven, you have taken the Aayaats of Allah as a mockery.’ (Muatta Imaam Maalik pg.199; Thanwi)

From the above quotations, it is clear and evident that three Talaaqs issued simultaneously will be effective and they will irrevocably sever the Nikah. It is clear that ibn Abbaas [radhiallaahu anhu] gave the verdict of three Talaaqs without enquiring the manner, i.e. whether the Talaaqs were issued in one Majlis (sitting) and without enquiring about the intention of the number of Talaaqs. Hence, it is absolutely clear that three divorces issued simultaneously irrevocably severs the Nikah. Therefore, Talaaq should not be treated lightly. It is a serious matter with extremely serious consequences.

Zaheer Vadia
Final Year

Checked & approved: Mufti Ebrahim Desai