Nasai

(1) The Shari‘ah, taking into account human weakness and hastiness, has provided three opportunities for divorce (talaq), and after the first two divorces, has also allowed for the concession of reconciliation (ruju‘), so that this extremely strong bond does not fall victim to someone’s impulsiveness. Rather, after two divorces, a person should reflect thoroughly and make a decision free from emotion. Whoever issues all three divorces at once has squandered all these opportunities and has sacrificed this important relationship to anger and haste, to the extent that even the possibility of a new marriage with that woman no longer remains. Moreover, he has disobeyed the explicit Qur’anic instruction: ﴿الطَّلاقُ مَرَّتَانِ﴾ () “Divorce is twice” (al-Baqarah 2:229), meaning divorce should be given separately. Therefore, such a person is deserving of punishment. That is why the other man sought permission to kill him, because making a mockery of the Book of Allah and openly opposing it is intolerable. That is also why you (the Prophet sallallahu alayhi wa sallam) became extremely angry.

(2) From this hadith, it is understood that issuing three divorces at once is contrary to the Shari‘ah and is an innovation (bid‘ah). Imam Malik and Abu Hanifah rahimahullah hold this view, but Imam Shafi‘i and Ahmad rahimahullah do not consider it unlawful (haram), arguing that three divorces were the man’s right and he used it as he wished. If he has wasted the opportunities, it is his own doing. However, they do consider it contrary to what is preferable (khilaf awla). But their position is against this hadith. If divorce during menstruation can be called unlawful and an innovation, then why not this? Especially since the Messenger of Allah sallallahu alayhi wa sallam expressed anger in both instances.

(3) If someone commits this unlawful act, then according to the majority of scholars, all three divorces will take effect and the woman will become unlawful (haram) for him. In contrast, the other position is that it will be counted as only one divorce. The evidence for this is a narration of Ibn ‘Abbas radi Allahu anhu in Sahih Muslim, that during the time of the Messenger of Allah sallallahu alayhi wa sallam, Abu Bakr, and the early period of ‘Umar, three divorces were counted as one. ‘Umar, as a punitive measure, enforced all three, so some scholars hold that in such a case, only one divorce takes effect, because only one opportunity for divorce was used. As for the utterance of “three,” it is invalid due to being contrary to the Shari‘ah. ‘Umar radi Allahu anhu’s decision to count them as three was only a disciplinary and administrative matter; the legal ruling of the Shari‘ah remains as it is. This view appears to be more correct both rationally and textually. Furthermore, this position (counting as one) is beneficial for the general public, especially since an authentic hadith also supports this view. Otherwise, people would resort to the disgraceful and honor-destroying act of halalah, which is a major crime both legally and morally. This position is also transmitted from jurist Companions such as ‘Ali and Ibn Mas‘ud radi Allahu anhum.