Ruling If a Man Issues an Irrevocable Divorce

Hazrat Abdullah bin Ali (may Allah be pleased with him), son of Yazid bin Rukana (may Allah have mercy on him), narrates that his grandfather Hazrat Rukana (may Allah be pleased with him) gave his wife an irrevocable divorce. Then he presented himself before the Messenger of Allah ﷺ and asked him about this matter. The Prophet ﷺ asked, "What was your intention with it?" He replied, "My intention was only one divorce." The Prophet ﷺ asked again, "By Allah, was your intention only one divorce?" He replied, "I swear by Allah, my intention was only one divorce." Therefore, the Prophet ﷺ kept their marriage intact.

Hazrat Ali (may Allah be pleased with him) says that an irrevocable divorce is three divorces.

Hazrat Ibn Umar (may Allah be pleased with them both) says that an irrevocable divorce is three divorces.

Hazrat Umar and Hazrat Abdullah (may Allah be pleased with them both) say that an irrevocable divorce is one divorce, and the man will have more right to take her back.

Hazrat Umar (may Allah be pleased with him) says that an irrevocable divorce is one divorce, and the man will have more right to take her back.

It is narrated similarly through another chain.

19128 - (W) (1) From Ibn Abi Khalid, from al-Sha'bi, from Abdullah ibn Shaddad, from Umar, similar to it (2).

Hazrat Umar (may Allah be pleased with him) says that if a person says to his wife, "You are absolutely divorced," then one irrevocable divorce will take place. Hazrat Ali (may Allah be pleased with him) says that there will be three divorces, while Hazrat Shurayh (may Allah have mercy on him) says that we will leave him upon his innovation.

19130 - And Ali said: They are three (1).

19131 - And Shurayh said: "We detain him (1) because of his innovation."

Hazrat Urwah bin Mughira (may Allah have mercy on him) states that Hazrat Umar (may Allah be pleased with him) considered an irrevocable divorce as one divorce and granted the husband the right to take his wife back. Whereas Raish bin Adi (may Allah have mercy on him) testified regarding Hazrat Ali (may Allah be pleased with him) that he considered an irrevocable divorce as three divorces. As for Hazrat Shurayh (may Allah have mercy on him), he considered the intention to be significant in this matter.

19133 - And that (al-Raish) (1) ibn ‘Adi (2) testified against Ali that he made it three (3) (4).

19134 - And that Shurayh said: His intention.

Hazrat Sha’bi narrates that Hazrat ‘Urwah (may Allah have mercy on him) inquired about this matter from Hazrat Shurayh (may Allah have mercy on him). He excused himself from giving an answer, but upon Hazrat ‘Urwah’s insistence, he said: Allah Almighty has prescribed the Shari’ah for acting upon the religion, but people have invented many new things in it. They have mixed innovations with the Sunnahs. When such a matter comes to you, separate the Sunnahs and decide according to them, and leave the innovations to the people of innovation. As for the matter of divorce, it is a well-known thing, whereas making it absolute is an innovation, the basis of which is a person’s intention—he may advance it if he wishes, or delay it if he wishes.

Hazrat Nafi’ (may Allah have mercy on him) narrates that Hazrat Ibn Umar (may Allah be pleased with them both) brought the husband of his foster mother to Hazrat Asim bin Umar (may Allah be pleased with him) and Hazrat Abdullah bin Zubair (may Allah be pleased with him) and said: He has given his wife an irrevocable divorce before consummation. Do you have any knowledge about this? Or do you have any concession regarding this matter? They replied: We do not know; you should go to Hazrat Ibn Abbas (may Allah be pleased with them both), Hazrat Abu Hurairah, and Hazrat Aisha (may Allah be pleased with her) and ask them, then come back and inform us as well. He went and asked them, so Hazrat Abu Hurairah (may Allah be pleased with him) said: She is not lawful for him until she marries another husband. Hazrat Ibn Abbas (may Allah be pleased with them both) said: She has become irrevocably separated. And regarding Hazrat Aisha (may Allah be pleased with her), he also reported the same agreement from these personalities.

Hazrat Saeed, may Allah have mercy on him, says regarding irrevocable divorce that if the intention was for one, then one divorce will take place, and if the intention was for three, then three divorces will take place.

Ibrahim (may Allah have mercy on him) says that if one has the intention of divorce, then at the very least, one irrevocable divorce will take place due to his intention; if they wish, they can remarry. And if the intention was of three, then three divorces will take place.

Ibrahim (may Allah have mercy on him) said that his intention will be questioned.

Hazrat Mak'hool (may Allah have mercy on him) says that three divorces will take place.

Hazrat Mak'hool (may Allah have mercy on him) and Hazrat Zuhri (may Allah have mercy on him) say that three divorces will take place.

Hazrat Abu Bakr (may Allah have mercy on him) narrates that Hazrat Umar bin Abdul Aziz (may Allah have mercy on him) asked me about irrevocable divorce. I told him that Aban bin Uthman used to say that only one divorce would take place. Hazrat Umar (may Allah have mercy on him) said that even if there are a thousand divorces, after giving an irrevocable divorce, not a single divorce will remain.

Hazrat Abu Bakr (may Allah have mercy on him) says that Hazrat Umar bin Abdul Aziz (may Allah have mercy on him) asked me about irrevocable divorce, that what do people say about it. I told him that Aban bin Uthman (may Allah have mercy on him) used to say that it will be counted as one divorce. Hazrat Umar (may Allah have mercy on him) said that even if there are a thousand divorces, after giving an irrevocable divorce, not a single divorce will remain. Whoever used the word "irrevocable" has reached the limit.

Hazrat Zaid bin Thabit (may Allah be pleased with him) says that an absolute divorce is three divorces.