A man divorcing his wife irrevocably (battah)

Abdullah bin Ali bin Yazid bin Rukanah (may Allah have mercy on him) relates that his grandfather, Sayyiduna Rukanah (may Allah be pleased with him), gave his wife an irrevocable divorce (al-battah). Then he came to the Prophet (peace and blessings be upon him) and asked him about it. He asked: "What did you intend by it?" He said: "I intended one divorce." The Prophet (peace and blessings be upon him) asked again: "By Allah, did you intend only one divorce?" He said: "I swear by Allah that I intended only one divorce." So the Prophet (peace and blessings be upon him) kept their marriage intact.

Sayyiduna Ali (may Allah be pleased with him) said: An irrevocable divorce (al-battah) is three divorces.

Sayyiduna Ibn Umar (may Allah be pleased with them both) said: An irrevocable divorce (al-battah) is three divorces.

Sayyiduna Umar and Sayyiduna Abdullah (may Allah be pleased with them both) said: An irrevocable divorce (al-battah) is one divorce, and the man has the greater right to take her back.

Sayyiduna Umar (may Allah be pleased with him) said: An irrevocable divorce (al-battah) is one divorce, and the man has the greater right to take her back.

Likewise (through another chain).

Something similar is reported from Sayyiduna Umar (may Allah be pleased with him) through Abdullah bin Shaddad.

Sayyiduna Umar (may Allah be pleased with him) said: If a man says to his wife, "You are irrevocably divorced (al-battah)," one irrevocable (ba'in) divorce takes effect.

And Sayyiduna Ali (may Allah be pleased with him) said: It is three divorces.

And Shurayh (may Allah have mercy on him) said: We will hold him to his innovation.

Al-Sha'bi (may Allah have mercy on him) said: Abdullah bin Shaddad testified before Urwah bin al-Mughirah that Sayyiduna Umar (may Allah be pleased with him) declared the irrevocable divorce (al-battah) to be one divorce and held the husband to have the greater right to take her back.

And that al-Rayish bin Adi testified concerning Sayyiduna Ali (may Allah be pleased with him) that he declared it to be three divorces.

And that Shurayh (may Allah have mercy on him) said: His intention is what counts.

Al-Sha'bi said: Urwah (may Allah have mercy on him) asked Shurayh (may Allah have mercy on him) about this. He excused himself from giving any answer, and at the insistence of Urwah (may Allah have mercy on him) he said: Allah Almighty laid down the Shari'ah for acting upon the religion, but people invented many new things in it, and they mixed the innovations with the Sunnahs. When any such matter comes to you, separate out the Sunnahs and judge according to them, and hand the innovations over to the people of innovation. As for the matter of divorce (talaq), it is something well known, whereas 'irrevocable' (al-battah) is an innovation, which depends on the man's intention: if he wishes he may move forward, and if he wishes he may hold back.

Nafi' (may Allah have mercy on him) said: A man brought his foster-father (the husband of his wet-nurse) to Sayyiduna Asim bin Umar (may Allah be pleased with him) and Sayyiduna Abdullah bin al-Zubayr (may Allah be pleased with him) and said: "He has given his wife an irrevocable divorce (al-battah) before consummating the marriage. Do you have any knowledge about this? Or do you have any concession for him?" They said: "We have no knowledge. Go to Sayyiduna Ibn Abbas (may Allah be pleased with them both), Sayyiduna Abu Hurayrah and Sayyidah Aishah (may Allah be pleased with them) and ask them, then come and tell us as well." He went and asked them, and Sayyiduna Abu Hurayrah (may Allah be pleased with him) said: "She is not lawful for him until she marries another husband." Sayyiduna Ibn Abbas (may Allah be pleased with them both) said: "She has become irrevocably separated." And he also reported from Sayyidah Aishah (may Allah be pleased with her) that she agreed with them.

Sa'id (may Allah have mercy on him) said concerning the irrevocable divorce (al-battah): If he intended one, it is one divorce, and if he intended three, it is three divorces.

Ibrahim (may Allah have mercy on him) said: If he intended divorce, then the least of his intention, that is, one irrevocable (ba'in) divorce, will take effect; if they both wish, they may remarry. And if he intended three, three divorces will take effect.

Ibrahim (may Allah have mercy on him) said: He will be asked about his intention.

Makhul (may Allah have mercy on him) said: It will be three divorces.

Makhul (may Allah have mercy on him) and al-Zuhri (may Allah have mercy on him) said: It will be three divorces.

Abu Bakr (may Allah have mercy on him) said: Umar bin Abd al-Aziz (may Allah have mercy on him) asked me about the irrevocable divorce (al-battah), and I said to him: "Aban bin Uthman used to say that it is one divorce." Umar (may Allah have mercy on him) said: "Even if divorces were a thousand, giving an irrevocable divorce would not leave a single divorce remaining."

Abu Bakr (may Allah have mercy on him) said: Umar bin Abd al-Aziz (may Allah have mercy on him) asked me about the irrevocable divorce (al-battah): what do people say about it? I said to him: "Aban bin Uthman (may Allah have mercy on him) used to say that it is one divorce." Umar (may Allah have mercy on him) said: "Even if divorces were a thousand, giving an irrevocable divorce would not leave a single divorce remaining. Whoever uses the word 'irrevocable' has reached the utmost limit."

Sayyiduna Zayd bin Thabit (may Allah be pleased with him) said: An irrevocable divorce (al-battah) is three divorces.