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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 644
اُردوEn
اَخْبَرَنَا عَبْدُالرَّزَّاقِ، نَا ابْنُ جُرَیْجٍ، اَخْبَرَنِیْ الْحَسَنُ بْنُ مُسْلِمٍ، عَنِ ابْنِ شِهَابٍ، عَنِ ابْنِ عَبَّاسٍ اَنَّهٗ قَالَ: اَلَّتِیْ لَمْ یَدْخُلْ بِهَا، اِذَا جُمِعَ الثَّلَاثُ عَلَیْهَا، وَقَعْنَ عَلَیْهَا.
It is narrated from Sayyiduna Ibn Abbas (may Allah be pleased with them both) that he said: "If a husband has not had relations with his wife and gives her three divorces at once, then they will take effect upon her."
Explanation & Benefits
Hafiz Abdush Shakoor Tirmidhi
Benefits:
From the aforementioned narration, it is established that the position of Sayyiduna Ibn Abbas radi Allahu anhuma was that if consummation (dukhul) has not taken place and three divorces (talaq) are given together, they will still take effect. In narration number: 780, it is stated that whether consummation has taken place or not, the three are equal. Imam Abu Dawud rahimahullah says: The statement of Sayyiduna Ibn Abbas radi Allahu anhuma that a woman is separated from her husband by three divorces, whether the husband has had intercourse with her or not, and she does not remain lawful for him until she marries another, his fatwa in this matter is just like the fatwa he gave regarding the sale of gold and silver (bay‘ sarf). Then Ibn Abbas radi Allahu anhuma retracted this fatwa of his. (Sunan Abi Dawud, no: 2198)
From the aforementioned narration, it is established that the position of Sayyiduna Ibn Abbas radi Allahu anhuma was that if consummation (dukhul) has not taken place and three divorces (talaq) are given together, they will still take effect. In narration number: 780, it is stated that whether consummation has taken place or not, the three are equal. Imam Abu Dawud rahimahullah says: The statement of Sayyiduna Ibn Abbas radi Allahu anhuma that a woman is separated from her husband by three divorces, whether the husband has had intercourse with her or not, and she does not remain lawful for him until she marries another, his fatwa in this matter is just like the fatwa he gave regarding the sale of gold and silver (bay‘ sarf). Then Ibn Abbas radi Allahu anhuma retracted this fatwa of his. (Sunan Abi Dawud, no: 2198)
Source: Musnad Ishaq bin Rahwayh, Page: 644
