Hadith 917
اُردوEn
وعن ابن عباس رضى الله عنهما قال : كان الطلاق على عهد رسول الله صلى الله عليه وآله وسلم وأبي بكر وسنتين من خلافة عمر طلاق الثلاث واحدة فقال عمر : إن الناس قد استعجلوا في أمر كانت لهم فيه أناة فلو أمضيناه عليهم فأمضاه عليهم. رواه مسلم.
Narrated Ibn 'Abbas (RA): In the time of Allah's Messenger (ﷺ), Abu Bakr (RA) and the first two years of the caliphate of 'Umar (RA), the three pronouncements of divorce were regarded as one divorce. So 'Umar said, "People have made haste in an affair which they are required to take slowly. What if we execute it on them." So, he executed it on them. [Reported by Muslim].
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه مسلم، الطلاق، باب طلاق الثلاث، حديث:1472.»©Explanation:
This narration is evidence that this was solely the personal opinion of Umar radi Allahu anhu, whereas the hadith indicates that if three divorces (talaq) are given together, only one takes effect.
There are four scholarly views on this issue:
➊ The majority, which includes the four Imams and their followers, hold the opinion that if three divorces are given together, all three will take effect, and the husband will no longer have the opportunity to take his wife back.
➋ Another group holds the view that giving three divorces at one time and in one sitting will result in only one revocable divorce (talaq raj‘i).
During the time of the Prophet sallallahu alayhi wa sallam and the caliphate of Abu Bakr radi Allahu anhu, this was the ruling in effect, until Umar radi Allahu anhu, through his own ijtihad, enforced three as three, merely as a punitive measure for the people.
The fatwa that three divorces given in one sitting result in only one is also transmitted from Ibn Abbas, Zubair bin al-Awwam, Abdur Rahman bin Awf, Ali, Ibn Mas‘ud radi Allahu anhum, Ikrimah, Tawus rahimahumallah, and others. Some Maliki scholars, some Hanafi scholars, and some Hanbali companions have also given this fatwa, and this is also the school of Imam Muhammad bin Ishaq rahimahullah.
Among the scholars of Cordoba, many such as Muhammad bin Baqi bin Makhlad and Muhammad bin Abd al-Salam Akhsani held this position.
It is also narrated from a group of jurists of Toledo, and this view has been supported by Allamah Ibn Taymiyyah rahimahullah and his distinguished student Allamah Ibn Qayyim rahimahullah. Moreover, this is the correct and preponderant view, and this hadith also indicates it, as does the forthcoming hadith of Rukanah radi Allahu anhu.
In the present era, most Islamic countries are acting upon this view.
➌ The third school of thought on this issue is that if the wife has had conjugal relations, then three divorces will take effect; but if there has been no consummation, then only one will take effect.
However, there is no evidence in its favor worthy of consideration.
➍ The fourth school is that giving three divorces together will not result in even one taking effect, because this is an innovation (bid‘ah) and forbidden (haram); therefore, it has no connection with the legal ruling at all. However, this is the weakest of all the schools and, in terms of evidence, the most baseless.
For further details, see: “Three Divorces in One Sitting and Their Legal Solution” by Hafiz Salahuddin Yusuf hafizahullah, published by Darussalam.
«أخرجه مسلم، الطلاق، باب طلاق الثلاث، حديث:1472.»©Explanation:
This narration is evidence that this was solely the personal opinion of Umar radi Allahu anhu, whereas the hadith indicates that if three divorces (talaq) are given together, only one takes effect.
There are four scholarly views on this issue:
➊ The majority, which includes the four Imams and their followers, hold the opinion that if three divorces are given together, all three will take effect, and the husband will no longer have the opportunity to take his wife back.
➋ Another group holds the view that giving three divorces at one time and in one sitting will result in only one revocable divorce (talaq raj‘i).
During the time of the Prophet sallallahu alayhi wa sallam and the caliphate of Abu Bakr radi Allahu anhu, this was the ruling in effect, until Umar radi Allahu anhu, through his own ijtihad, enforced three as three, merely as a punitive measure for the people.
The fatwa that three divorces given in one sitting result in only one is also transmitted from Ibn Abbas, Zubair bin al-Awwam, Abdur Rahman bin Awf, Ali, Ibn Mas‘ud radi Allahu anhum, Ikrimah, Tawus rahimahumallah, and others. Some Maliki scholars, some Hanafi scholars, and some Hanbali companions have also given this fatwa, and this is also the school of Imam Muhammad bin Ishaq rahimahullah.
Among the scholars of Cordoba, many such as Muhammad bin Baqi bin Makhlad and Muhammad bin Abd al-Salam Akhsani held this position.
It is also narrated from a group of jurists of Toledo, and this view has been supported by Allamah Ibn Taymiyyah rahimahullah and his distinguished student Allamah Ibn Qayyim rahimahullah. Moreover, this is the correct and preponderant view, and this hadith also indicates it, as does the forthcoming hadith of Rukanah radi Allahu anhu.
In the present era, most Islamic countries are acting upon this view.
➌ The third school of thought on this issue is that if the wife has had conjugal relations, then three divorces will take effect; but if there has been no consummation, then only one will take effect.
However, there is no evidence in its favor worthy of consideration.
➍ The fourth school is that giving three divorces together will not result in even one taking effect, because this is an innovation (bid‘ah) and forbidden (haram); therefore, it has no connection with the legal ruling at all. However, this is the weakest of all the schools and, in terms of evidence, the most baseless.
For further details, see: “Three Divorces in One Sitting and Their Legal Solution” by Hafiz Salahuddin Yusuf hafizahullah, published by Darussalam.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 917
