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مسند اسحاق بن راهويه
Musnad Ishaq
كتاب النكاح و الطلاقBook of Marriage and Divorce
Giving three divorces at once explained
Hadith 643
اُردوEn
اَخْبَرَنَا رَوْحُ بْنُ عُبَادَةَ، نَا ابْنُ جُرَیْجٍ، اَخْبَرَنِیْ ابْنُ طَاؤُوْسٍ، عَنْ اَبِیْهِ اَنَّ اَبَا الصَّهْبَاءِ، قَالَ لِاِبْنِ عَبَّاسٍ: اَمَا عَلِمْتَ اَنَّ طَلَاقَ الثَّلَاثِ کَانَ عَلٰی عَهْدِ رَسُوْلِ اللّٰهِ صَلَّی اللّٰهُ عَلَیْهِ وَسَلَّمَ وَاَبِیْ بَکْرٍ، وَثَلَاثًا مِنْ اَمَارَةِ عُمَرَ وَاحِدَةً، فَقَالَ ابْنُ عَبَّاسٍ: نَعَمْ.
It is narrated from Tawoos (may Allah have mercy on him) that Abu As-Sahba said to Sayyiduna Ibn Abbas (may Allah be pleased with them): "Do you not know that during the time of the Messenger of Allah (peace and blessings be upon him), and for three years of the caliphate of Sayyiduna Abu Bakr and Sayyiduna Umar (may Allah be pleased with them), three divorces were counted as only one?" So Sayyiduna Ibn Abbas (may Allah be pleased with them) replied: "Yes."
Explanation & Benefits
Hafiz Abdush Shakoor Tirmidhi
Benefits:
It is understood that during the Prophetic era (sallallahu alayhi wa sallam), and up until the first two years of the caliphate of Sayyiduna Abu Bakr (radi Allahu anhu) and Sayyiduna Umar (radi Allahu anhu), three divorces (talaq) were counted as one. The position that Sayyiduna Umar (radi Allahu anhu) later adopted was based on his own ijtihad (independent reasoning), not on any explicit text. To understand this, consider the example that just as prayers are performed at their respective times—Dhuhr at its time, Asr at its time, and Maghrib at its time—but if someone says to perform Dhuhr, Asr, Maghrib, and Isha all during the time of Dhuhr, then such an act is not permissible. Because these prayers are to be performed at their respective times, similarly, each divorce (talaq) is for its own time. But if someone issues all three at once, it is not correct. Regarding issuing three divorces at once, the scholars have four different opinions:
➊ The position of the majority and the four Imams is: all three divorces will take effect.
➋ The position of Allamah Ibn Hazm (rahimahullah) is: not even one divorce will take effect.
➌ The position of Sayyiduna Ibn Abbas (radi Allahu anhuma) is: if the woman has not been consummated with, then all three will take effect; if consummation has occurred, then only one will take effect. (See narration number: 778)
➍ Only one revocable divorce (talaq raj‘i) will take effect. The last position is the most preponderant. This is also the position of Shaykh al-Islam Ibn Taymiyyah (rahimahullah), Allamah Ibn al-Qayyim (rahimahullah), and Shaykh Ibn Baz (rahimahullah). (Fatawa Ibn Taymiyyah: 3/16; I‘lam al-Muwaqqi‘in: 3/30; Fatawa Islamiyyah: 3/49)
And for the Ummah, the only binding legal proof is the era of the Noble Prophet (sallallahu alayhi wa sallam). In one narration, it is mentioned that Sayyiduna Abu Rukanah (radi Allahu anhu) gave his wife three divorces in a single sitting. Then he became regretful and remorseful over it. The Messenger of Allah (sallallahu alayhi wa sallam) said to Abu Rukanah: ((INNAHA WAHIDAH)) (Musnad Ahmad: 1/265, its chain is hasan) “Those three divorces are counted as only one.”
It is understood that during the Prophetic era (sallallahu alayhi wa sallam), and up until the first two years of the caliphate of Sayyiduna Abu Bakr (radi Allahu anhu) and Sayyiduna Umar (radi Allahu anhu), three divorces (talaq) were counted as one. The position that Sayyiduna Umar (radi Allahu anhu) later adopted was based on his own ijtihad (independent reasoning), not on any explicit text. To understand this, consider the example that just as prayers are performed at their respective times—Dhuhr at its time, Asr at its time, and Maghrib at its time—but if someone says to perform Dhuhr, Asr, Maghrib, and Isha all during the time of Dhuhr, then such an act is not permissible. Because these prayers are to be performed at their respective times, similarly, each divorce (talaq) is for its own time. But if someone issues all three at once, it is not correct. Regarding issuing three divorces at once, the scholars have four different opinions:
➊ The position of the majority and the four Imams is: all three divorces will take effect.
➋ The position of Allamah Ibn Hazm (rahimahullah) is: not even one divorce will take effect.
➌ The position of Sayyiduna Ibn Abbas (radi Allahu anhuma) is: if the woman has not been consummated with, then all three will take effect; if consummation has occurred, then only one will take effect. (See narration number: 778)
➍ Only one revocable divorce (talaq raj‘i) will take effect. The last position is the most preponderant. This is also the position of Shaykh al-Islam Ibn Taymiyyah (rahimahullah), Allamah Ibn al-Qayyim (rahimahullah), and Shaykh Ibn Baz (rahimahullah). (Fatawa Ibn Taymiyyah: 3/16; I‘lam al-Muwaqqi‘in: 3/30; Fatawa Islamiyyah: 3/49)
And for the Ummah, the only binding legal proof is the era of the Noble Prophet (sallallahu alayhi wa sallam). In one narration, it is mentioned that Sayyiduna Abu Rukanah (radi Allahu anhu) gave his wife three divorces in a single sitting. Then he became regretful and remorseful over it. The Messenger of Allah (sallallahu alayhi wa sallam) said to Abu Rukanah: ((INNAHA WAHIDAH)) (Musnad Ahmad: 1/265, its chain is hasan) “Those three divorces are counted as only one.”
Source: Musnad Ishaq bin Rahwayh, Page: 643
