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الفتح الربانی
Fath al-Rabbani
كتاب الطلاق
Book of Divorce
بَابُ مَا جَاءَ فِي طَلَاقِ الثَّلَاثِ مُجْتَمِعًا وَ مُتَفَرِقًا
Chapter: What Has Been Reported Regarding Triple Divorce at Once and Separately
Al-Fath ar-Rabbani 7158 — What Has Been Reported Regarding Triple
اُردوEn
عَنِ ابْنِ عَبَّاسٍ قَالَ: كَانَ الطَّلَاقُ عَلَى عَهْدِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ وَأَبِي بَكْرٍ وَسَنَتَيْنِ مِنْ خِلَافَةِ عُمَرَ بْنِ الْخَطَّابِ طَلَاقُ الثَّلَاثِ وَاحِدَةٌ، فَقَالَ عُمَرُ: إِنَّ النَّاسَ قَدِ اسْتَعْجَلُوا فِي أَمْرٍ كَانَ لَهُمْ فِيهِ أَنَاةٌ فَلَوْ أَمْضَيْنَاهُ عَلَيْهِمْ، فَأَمْضَاهُ عَلَيْهِمْ
It is narrated from Sayyiduna Ibn Abbas (may Allah be pleased with them both) that during the time of the Prophet (peace and blessings be upon him), in the caliphate of Sayyiduna Abu Bakr (may Allah be pleased with him), and during the first two years of the caliphate of Sayyiduna Umar ibn Khattab (may Allah be pleased with him), three divorces were counted as only one divorce. Sayyiduna Umar (may Allah be pleased with him) said: People are hastening in a matter in which they should proceed with utmost deliberation, so if we enforce the decision of all three divorces taking effect, then he enforced this decision.
Brief Explanation
Benefits: … This decision of Sayyiduna Umar radi Allahu anhu was as a disciplinary measure and punishment; it was a political and administrative matter. The Shari‘ah ruling remains in its place, as was practiced during the time of the Noble Prophet sallallahu alayhi wa sallam. The Hanafi scholars have also acknowledged this as a disciplinary and political decision, which a ruler of the time may sometimes implement. For details, refer to the well-known Hanafi jurisprudence book "Jami‘ al-Rumuz," Book of Divorce, and the marginal notes of Tahtawi.
