3 divorces(talaqs) given at one time are Valid
Starting in the name of Allah
And millions of durood on Prophet Muhammad (صلى الله عليه وآله وسلم)
Obection:
some Hadiths state
Ibn 'Abbas (Allah be pleased with them) reported that the (pronouncement) of three divorces during the lifetime of Allah's Messenger (may peace be upon him) and that of Abu Bakr and two years of the caliphate of Umar (Allah be pleased with him) (was treated) as one. But Umar b. Khattab (Allah be pleased with him) said: Verily the people have begun to hasten in the matter in which they are required to observe respite. So if we had imposed this upon them, and he imposed it upon them. (Muslim Book #009, Hadith #3491)
Abu Sahba' said to Ibn 'Abbas (Allah be pleased with them): Do you know that three (divorces) were treated as one during the lifetime of Allah's Apostle (may peace be upon him), and that of Abu Bakr, and during three (years) of the caliphate of Umar (Allah be pleased with him)? Ibn Abbas (Allah be pleased with them) said: Yes. (Muslim Book #009, Hadith #3492)
,
A Question arises are three divorces one or 3 then,
Reply
The First hadith showed was that narrated by Ibn Abbas (ra), the summary of it is that During the times of Prophet (Peace be upon him), also Abu Bakr and initial period of Umar (ra)’s Caliphate 3 Divorces were considered as 1,however Umar (ra) “REVIVED” the sunnah of three divorces to be considered as three.
I have used the word revived because that frees Umar ibnul Khattab (rah) of false accusations which mostly some attribute to him i.e. Umar (ra) was the first Bidati (Naudhobillah) in this regard whereas three divorces were always considered as one, the reason for using the word revived is that Umar (ra) followed the Sunnah not his own opinion and the actual opinion was always 3=3 rather than 3=1 and these specific ahadith which aliyaar used are “SHADH (ODD)” in light of overwhelming ahadith which prove contrary to it (i.e. 3 were considered as 3 by Prophet himself)
My proofs will include these 3 points#
a) The ahadith which are shown are “Shadh (odd)” and It will be proven from leading Sunni commentators (like Imam Ibn Hajr al Asqalani and Imam Nawawi), even shi’ites in principle accept that citing mere hadith without knowing complete details of it is actually spreading misguidance
b)Plus It is proven from the same Ibn Abbas (ra) who that 3 divorces in a go were counted as 3, we need to know that when same sahabi narrates two opposite sayings on any matter then the ahadith which correspond to vast majority of texts is to be accepted without any hesitation
c)Proof from Quran and overwhelming other ahadith plus more Mantiq (i.e. logic) which absolutely nullify this Batil viewpoint i.e. 3 are to be counted as 1
Starting in the name of Allah
And millions of durood on Prophet Muhammad (صلى الله عليه وآله وسلم)
Obection:
some Hadiths state
Ibn 'Abbas (Allah be pleased with them) reported that the (pronouncement) of three divorces during the lifetime of Allah's Messenger (may peace be upon him) and that of Abu Bakr and two years of the caliphate of Umar (Allah be pleased with him) (was treated) as one. But Umar b. Khattab (Allah be pleased with him) said: Verily the people have begun to hasten in the matter in which they are required to observe respite. So if we had imposed this upon them, and he imposed it upon them. (Muslim Book #009, Hadith #3491)
Abu Sahba' said to Ibn 'Abbas (Allah be pleased with them): Do you know that three (divorces) were treated as one during the lifetime of Allah's Apostle (may peace be upon him), and that of Abu Bakr, and during three (years) of the caliphate of Umar (Allah be pleased with him)? Ibn Abbas (Allah be pleased with them) said: Yes. (Muslim Book #009, Hadith #3492)
,
A Question arises are three divorces one or 3 then,
Reply
The First hadith showed was that narrated by Ibn Abbas (ra), the summary of it is that During the times of Prophet (Peace be upon him), also Abu Bakr and initial period of Umar (ra)’s Caliphate 3 Divorces were considered as 1,however Umar (ra) “REVIVED” the sunnah of three divorces to be considered as three.
I have used the word revived because that frees Umar ibnul Khattab (rah) of false accusations which mostly some attribute to him i.e. Umar (ra) was the first Bidati (Naudhobillah) in this regard whereas three divorces were always considered as one, the reason for using the word revived is that Umar (ra) followed the Sunnah not his own opinion and the actual opinion was always 3=3 rather than 3=1 and these specific ahadith which aliyaar used are “SHADH (ODD)” in light of overwhelming ahadith which prove contrary to it (i.e. 3 were considered as 3 by Prophet himself)
My proofs will include these 3 points#
a) The ahadith which are shown are “Shadh (odd)” and It will be proven from leading Sunni commentators (like Imam Ibn Hajr al Asqalani and Imam Nawawi), even shi’ites in principle accept that citing mere hadith without knowing complete details of it is actually spreading misguidance
b)Plus It is proven from the same Ibn Abbas (ra) who that 3 divorces in a go were counted as 3, we need to know that when same sahabi narrates two opposite sayings on any matter then the ahadith which correspond to vast majority of texts is to be accepted without any hesitation
c)Proof from Quran and overwhelming other ahadith plus more Mantiq (i.e. logic) which absolutely nullify this Batil viewpoint i.e. 3 are to be counted as 1
Proof (a) The ahadith shown as arguments are Shadh and It is mistake of Tawaus who is present in all chains!
proof 1
From Ibn e Hajar Asqalani's Fath ul Bari:
Imam Ibn Hajr al Asqalani (Rahimuhullah soundly establishes with overwhelming proofs that 3 divorces in a go will be counted as three
Imam Ibn Hajr al Asqalani (rah) while giving many answers also proves the hadith to be Shadh in following words:
The second answer is that the claim of Tawus is amongst his oddities, because It has also come in Baihaqi with many narrations of “IBN ABBAS” that he considered 3 divorces as irrecoverable, It is narrated through Ibn Mundhir (rah) that Ibn Abbas (ra) cannot follow his own opinion when he learnt from Prophet (Peace be upon him) contrary to it (i.e. 3 are 3)
,[Fath ul Bari Sharh Sahih ul Bukhari, Volume No. 9, Page No. 363]
Proof 2
Magnificent explanation in Sharh Sahih Bukhari!
The explanation on this matter is same as that is on the issue of Muta (temporary marriage) , the meaning of this is (known from) saying of Jabir (ra) which is: “This used to be done in the times of Allah’s Messenger (Peace be upon him) and in the times of Abu Bakr (ra) and also in the beginning of Umar (ra)’s caliphate, then he (Jabir ra) said: Umar (ra) forbade it for us and we stopped doing it, hence the “SOUND” position on both will be that Mutah is haram and so would (Three divorces in a go) will be (decisively) counted as “THREE (الثلاث)” because the Consensus (Ijma) was made on it during the times of Umar (ra) and It is not recorded that anyone in the time of Umar (ra) had opposed him in both the cases. The consensus proves that (other) texts will be abrogated even if it was not obvious to people before him (i.e. Umar ra) and finally it became apparent to all in times of Umar (ra).”Therefore anyone who goes against this position is rejecting the Ijma. The Vast majority (Jamhoor) agree that whosoever differs with consensus after agreement has been made on it then he (and his opinions) are not given any importance/significance and Allah Knows the best.. [Fath ul Bari, Volume No. 9, Page No. 365]
Now let us turn towards Imam Nawawi (rah), he writes:
Whosoever gives three divorces (in a go) then Imam Shafi, Malik, Abu Hanifa, Ahmed and Vast majority of Ulama from Islaaf and later to come have said that all three will take place, Tawus (same narrator of Ibn Abbas hadith) said: Some literalists said that only 1 would be applied [Sharh Sahih Muslim by Imam Nawawi, Volume No. 1, Page No. 478]
Proof (b) It is proven from same Ibn Abbas(ra)that 3 divorces will be counted as 3
Proof 1#Imam Baihaqi scrutinizes the Shadh hadith of Tawus
Imam Baihaqi (rah) has narrated overwhelming ahadith from Ibn Abbas (ra) in this regard, I will present the whole explanation of Imam Baihaqi along with the ahadith which he showed
He writes:
The narration of Muslim (i.e. of Ibn Abbas) comes from Ishaaf bin Ibrahim (and from Tawus), It is one of those ahadith in which Imam Bukhari and Muslim have differed “IT IS NARRATED BY MUSLIM BUT REJECTED BY BUKHARI” and in my opinion Imam Bukhari rejected it because this narration contradicts the many other narrations of Ibn Abbas (i.e. they prove opposite to this one)
Akrama (ra) narrates from Ibn Abbas (ra) who said: A (man) used to turn (to his wife) after three divorces, however it is abrogated by the ayah which states: A divorce is only permissible twice… (2:229)
Saeed bin Jabeer (ra) narrates from Ibn Abbas (ra): Anyone who gives his wife three divorces then she becomes unlawful for him.
Mujahid narrates that a man asked Ibn Abbas (ra): I have given my wife 100 divorces, in reply (Ibn Abbas) said: Take Three (i.e. they are applied) whereas leave the remaining ninty seven.
It is also narrated by Mujahid that one man gave 100 divorces to his wife , Ibn Abbas said: You have disobeyed your Lord and your wife has gone out of wedlock as you did not fear Allah and Allah has not kept any leaveway for you in this..
(Then many ahadith are narrated from Ata, Umaro bin Dinaar, Malik bin Harith, which proves that the hadith of Tawaus is his mistake and becomes Shadh)
Reference: Sunnan al Baihaqi al Kubra, Volume No. 7, Page No. 337.
Imam Baihaqi (rah) has narrated overwhelming ahadith from Ibn Abbas (ra) in this regard, I will present the whole explanation of Imam Baihaqi along with the ahadith which he showed
He writes:
The narration of Muslim (i.e. of Ibn Abbas) comes from Ishaaf bin Ibrahim (and from Tawus), It is one of those ahadith in which Imam Bukhari and Muslim have differed “IT IS NARRATED BY MUSLIM BUT REJECTED BY BUKHARI” and in my opinion Imam Bukhari rejected it because this narration contradicts the many other narrations of Ibn Abbas (i.e. they prove opposite to this one)
Akrama (ra) narrates from Ibn Abbas (ra) who said: A (man) used to turn (to his wife) after three divorces, however it is abrogated by the ayah which states: A divorce is only permissible twice… (2:229)
Saeed bin Jabeer (ra) narrates from Ibn Abbas (ra): Anyone who gives his wife three divorces then she becomes unlawful for him.
Mujahid narrates that a man asked Ibn Abbas (ra): I have given my wife 100 divorces, in reply (Ibn Abbas) said: Take Three (i.e. they are applied) whereas leave the remaining ninty seven.
It is also narrated by Mujahid that one man gave 100 divorces to his wife , Ibn Abbas said: You have disobeyed your Lord and your wife has gone out of wedlock as you did not fear Allah and Allah has not kept any leaveway for you in this..
(Then many ahadith are narrated from Ata, Umaro bin Dinaar, Malik bin Harith, which proves that the hadith of Tawaus is his mistake and becomes Shadh)
Reference: Sunnan al Baihaqi al Kubra, Volume No. 7, Page No. 337.
Proof (c) More irrefutable proofs
Narated By Rukanah ibn Abdu Yazid : (Rukanah) divorced his wife absolutely; so he came to the Apostle of Allah (saww). He asked (him): What did you intend? He said: A single utterance of divorce. He said: Do you swear by Allah? He replied: I swear by Allah. He said: It stands as you intended.
Abu Dawood said, "This narration is more accurate than the narration of Ibn Jarih". [Abu Dawud, Volume 002, Book 006, Hadith Number 1887]
,
Narated By Abdullah Ibn Ali Ibn Yazid Ibn Rukanah who said: "My grandfather, Rukanah, gave Talaaq BATTAH (emphasized Talaaq) to his wife. Then, he went into the holy court of the beloved Rasool (saww). The Holy Prophet (saww) asked him in that regard. Rukanah replied, 'I made intention of one Talaaq'. The Holy Prophet (saww) asked him, 'Do you swear by the Name of Allah that you made intention of one Talaaq?' Rukanah said, 'I swear by the Name of my Lord that I made intention of one Talaaq only'. The Holy Prophet (saww) then returned his wife to him".
[Ibn Majah, Volume 002, Hadith Number 2051]
more irrefutable proofs from Sahih hadiths
Fatma Bint Qais says, "My husband gave me three Talaaqs at once before he left for Yemen". The Holy Prophet (saww) legalised these as three Talaaqs.
, [Ibn Maja, Volume 002, Hadith Number 2014]
In the hadith the Prophet (saww) is himself accepting three Talaaqs at once,
Narrated 'Aisha:,
A man divorced his wife thrice (by expressing his decision to divorce her thrice), then she married another man who also divorced her. The Prophet was asked if she could legally marry the first husband (or not). The Prophet replied, "No, she cannot marry the first husband unless the second husband consummates his marriage with her, just as the first husband had done." Volume 7, Book 63, Number 187: (Sahih Bukhari)
Narated By Rukanah ibn Abdu Yazid : (Rukanah) divorced his wife absolutely; so he came to the Apostle of Allah (saww). He asked (him): What did you intend? He said: A single utterance of divorce. He said: Do you swear by Allah? He replied: I swear by Allah. He said: It stands as you intended.
Abu Dawood said, "This narration is more accurate than the narration of Ibn Jarih". [Abu Dawud, Volume 002, Book 006, Hadith Number 1887]
,
Narated By Abdullah Ibn Ali Ibn Yazid Ibn Rukanah who said: "My grandfather, Rukanah, gave Talaaq BATTAH (emphasized Talaaq) to his wife. Then, he went into the holy court of the beloved Rasool (saww). The Holy Prophet (saww) asked him in that regard. Rukanah replied, 'I made intention of one Talaaq'. The Holy Prophet (saww) asked him, 'Do you swear by the Name of Allah that you made intention of one Talaaq?' Rukanah said, 'I swear by the Name of my Lord that I made intention of one Talaaq only'. The Holy Prophet (saww) then returned his wife to him".
[Ibn Majah, Volume 002, Hadith Number 2051]
more irrefutable proofs from Sahih hadiths
Fatma Bint Qais says, "My husband gave me three Talaaqs at once before he left for Yemen". The Holy Prophet (saww) legalised these as three Talaaqs.
, [Ibn Maja, Volume 002, Hadith Number 2014]
In the hadith the Prophet (saww) is himself accepting three Talaaqs at once,
Narrated 'Aisha:,
A man divorced his wife thrice (by expressing his decision to divorce her thrice), then she married another man who also divorced her. The Prophet was asked if she could legally marry the first husband (or not). The Prophet replied, "No, she cannot marry the first husband unless the second husband consummates his marriage with her, just as the first husband had done." Volume 7, Book 63, Number 187: (Sahih Bukhari)
This
hadith also decisively proves from the Prophet (Peace be upon him) that 3
divorces will be considered as three as clear wording of the hadith proves!
Imam Badr ud din Ayni (rah) the magnificent author of Umdat al Qari says:
This Chapter is regarding "Permission to pronounce Divorce thrice in one sitting" In this regard the Hadith of Abu Dhar (ra) is also narrated in proof of three divorces in a go and this is also why Imam Bukhari has made this chapter [Umdat ul Qari Sharh Sahih ul Bukhari, Volume No. 20, Page No. 232]
Imam Nasai’I narrates Hadith in Sunnan Nisai,
Mahmood bin Lubayd (ra) narrates that the Prophet (Peace be upon him) was informed that a man divorced his wife with three pronoucments all-together, at this (The Prophet) became very angry, he stood up and said: Is the book of Allah being mocked at in my presence? Until one person stood and said O Allah’s Apostle should I not kill him? [Sunnan Nasai’i, Volume No. 2, Page No. 181]
If three divorces in a go had not applied on that woman then why did Prophet (Peace be upon him) get so much angry?
conclusion
We as Ahlus Sunnah also agree that three divorces should not be pronounced all-together as Quran says it, the proper way is to pronounce one first then things should be allowed to get better
but if three divorces are pronunced then they are 3 not one , its simple maths and proved from Sahih hadiths , end of story,
Imam Badr ud din Ayni (rah) the magnificent author of Umdat al Qari says:
This Chapter is regarding "Permission to pronounce Divorce thrice in one sitting" In this regard the Hadith of Abu Dhar (ra) is also narrated in proof of three divorces in a go and this is also why Imam Bukhari has made this chapter [Umdat ul Qari Sharh Sahih ul Bukhari, Volume No. 20, Page No. 232]
Imam Nasai’I narrates Hadith in Sunnan Nisai,
Mahmood bin Lubayd (ra) narrates that the Prophet (Peace be upon him) was informed that a man divorced his wife with three pronoucments all-together, at this (The Prophet) became very angry, he stood up and said: Is the book of Allah being mocked at in my presence? Until one person stood and said O Allah’s Apostle should I not kill him? [Sunnan Nasai’i, Volume No. 2, Page No. 181]
If three divorces in a go had not applied on that woman then why did Prophet (Peace be upon him) get so much angry?
conclusion
We as Ahlus Sunnah also agree that three divorces should not be pronounced all-together as Quran says it, the proper way is to pronounce one first then things should be allowed to get better
but if three divorces are pronunced then they are 3 not one , its simple maths and proved from Sahih hadiths , end of story,
