سنن ابي داود
Abu Dawud
كتاب تفريع أبواب الطلاقDivorce (Kitab Al-Talaq)
باب نَسْخِ الْمُرَاجَعَةِ بَعْدَ التَّطْلِيقَاتِ الثَّلاَثِChapter: The Abrogation Of Taking Back A Wife After The Third Divorce.
Hadith 2198
اُردوEn
وَصَارَ قَوْلُ وَصَارَ قَوْلُ ابْنِ عَبَّاسٍ فِيمَا حَدَّثَنَا أَحْمَدُ بْنُ صَالِحٍ ، وَمُحَمَّدُ بْنُ يَحْيَى ، وَهَذَا حَدِيثُ أَحْمَدَ ، قَالَا : حَدَّثَنَا عَبْدُ الرَّزَّاقِ ، عَنْ مَعْمَرٍ ، عَنْ الزُّهْرِيِّ ، عَنْ أَبِي سَلَمَةَ بْنِ عَبْدِ الرَّحْمَنِ بْنِ عَوْفٍ ، وَمُحَمَّدِ بْنِ عَبْدِ الرَّحْمَنِ بْنِ ثَوْبَانَ ، عَنْ مُحَمَّدِ بْنِ إِيَاسٍ ، أَنَّ ابْنَ عَبَّاسٍ ، وَأَبَا هُرَيْرَةَ ، وَعَبْدَ اللَّهِ بْنَ عَمْرِو بْنِ الْعَاصِ سُئِلُوا عَنِ الْبِكْرِ يُطَلِّقُهَا زَوْجُهَا ثَلَاثًا ، فَكُلُّهُمْ قَالُوا : " لَا تَحِلُّ لَهُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ " . قالَ أَبُو دَاوُد : رَوَى مَالِكٌ ، عَنْ يَحْيَى بْنِ سَعِيدٍ ، عَنْ بُكَيْرِ بْنِ الْأَشَجِّ ، عَنْ مُعَاوِيَةَ بْنِ أَبِي عَيَّاشٍ ، أَنَّهُ شَهِدَ هَذِهِ الْقِصَّةَ حِينَ جَاءَ مُحَمَّدُ بْنُ إِيَاسِ بْنِ الْبُكَيْرِ إِلَى ابْنِ الزُّبَيْرِ وَ عَاصِمِ بْنِ عُمَرَ ، فَسَأَلَهُمَا عَنْ ذَلِكَ . فَقَالَا : اذْهَبْ إِلَى ابْنِ عَبَّاسٍ وَ أَبِي هُرَيْرَةَ ، فَإِنِّي تَرَكْتُهُمَا عِنْدَ عَائِشَةَ رَضِيَ اللَّهُ عَنْهَا ، ثُمَّ سَاقَ هَذَا الْخَبَرَ . قَالَ أَبُو دَاوُد : وَقَوْلُ ابْنِ عَبَّاسٍ هُوَ : " أَنَّ الطَّلَاقَ الثَّلَاثَ تَبِينُ مِنْ زَوْجِهَا مَدْخُولًا بِهَا وَغَيْرَ مَدْخُولٍ بِهَا ، لَا تَحِلُّ لَهُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ " . هَذَا مِثْلُ خَبَرِ الصَّرْفِ ، قَالَ فِيهِ : ثُمَّ إِنَّهُ رَجَعَ عَنْهُ يَعْنِي ابْنَ عَبَّاسٍ .
Abu Dawud said “The opinion of Ibn Abbas has been mentioned in the following tradition. “Ahmad bin Salih and Muhammad bin Yahya narrated this is the version of Ahmad (bin Salih)” from Abd Ar Razzaq from Mamar from Al Zuhri from Abu Salamah din Abd Al Rahman bin Awf and Muhammad bin Abd Al Rahman bin Thawban from Muhammad bin Iyas that Ibn Abbas, Abu Hurairah and Abd Alah bin Amr bin Al ‘As were asked about a virgin who is divorced three times by her husband. They all said “She is not lawful for him until she marries a man other than her former husband. ”Abu Dawud said “Malik narrated from Yahya bin Saeed from Bukair bin Al Ashajj from Muawiyah bin Abi Ayyash who was present on this occasion when Muhammad bin Iyas bin Al Bukair came to Ibn Al Zubair and Asim in Umar. He asked them about this matter. They replied “Go to Ibn Abbas and Abu Hurairah, I have left them with Aishah (may Allaah be pleased with her). He then narrated the rest of the tradition. ” Abu Dawud said “The statement of Ibn Abbas goes “The divorce by three pronouncements separates the wife from husband whether the marriage has been consummated or not, the previous husband is not lawful for her until she marries a man other than her husband”. This statement is like the tradition which deals with the exchange of money. In this tradition the narrator said “Ibn Abbas withdrew his opinion. ”"
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
There are two opinions narrated from Ibn Abbas radi Allahu anhu regarding the issue of three divorces (talaq), just as in the matter of bay‘ sarf (exchange of gold and silver), at first he considered it permissible to exchange two dirhams for one dirham and two dinars for one dinar (in cash), but when he received reliable information about the prohibition of this transaction, he changed his fatwa and began to give the verdict of its impermissibility.
Similarly, in the issue of divorce, there are also two opinions from him: one is that with the utterance of three divorces, divorce takes place (i.e., three divorces), and most narrations are in this manner; and the second is that it does not take place (rather, only one divorce occurs), as ‘Ikrimah has narrated from him.
And this is the correct view, even though the chains of narration for the opposite view are more numerous.
The marfu‘ narrations of Tawus from him also support this, and it is obligatory for us to adopt this view, because this hadith is established from him through several chains of narration. Imam Ibn Taymiyyah and his distinguished student Ibn Qayyim rahimahullah, and some other scholars, also hold this view.
(Taken from Irwa’ al-Ghalil: 1227)
There are two opinions narrated from Ibn Abbas radi Allahu anhu regarding the issue of three divorces (talaq), just as in the matter of bay‘ sarf (exchange of gold and silver), at first he considered it permissible to exchange two dirhams for one dirham and two dinars for one dinar (in cash), but when he received reliable information about the prohibition of this transaction, he changed his fatwa and began to give the verdict of its impermissibility.
Similarly, in the issue of divorce, there are also two opinions from him: one is that with the utterance of three divorces, divorce takes place (i.e., three divorces), and most narrations are in this manner; and the second is that it does not take place (rather, only one divorce occurs), as ‘Ikrimah has narrated from him.
And this is the correct view, even though the chains of narration for the opposite view are more numerous.
The marfu‘ narrations of Tawus from him also support this, and it is obligatory for us to adopt this view, because this hadith is established from him through several chains of narration. Imam Ibn Taymiyyah and his distinguished student Ibn Qayyim rahimahullah, and some other scholars, also hold this view.
(Taken from Irwa’ al-Ghalil: 1227)
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2198
