The Issue of Triple Divorce in a Single Session in the Light of Quran and Hadith

Issue of Triple Talaq in One Sitting:.

This article was published in two parts in 1922 (85 years ago from today) in the monthly “Maarif” Azamgarh, at a time when Maulana Syed Sulaiman Nadvi, may Allah have mercy on him, was its editor.
The author is also not from Ahl al-Hadith; he is a Hanafi scholar, but he has mentioned the arguments of both positions and preferred those arguments which support the stance of Ahl al-Hadith. His conclusion is also that wherever the Messenger of Allah, peace be upon him, showed leniency, we have no right to deprive the Muslim Ummah of this mercy and compassion of the Mercy to the Worlds, peace be upon him.
Now please observe this article in its entirety. Considering its importance, we have not preferred to abridge it. (Compiler)
For a human being, there come times in marital life when absolute separation between husband and wife becomes necessary, but it is an established fact that such occasions are very important, delicate, and require extreme caution. The religions of the world, whose primary and common purpose is to make human religious and worldly life pleasant, have adopted different paths regarding this. In the present Christian religion, divorce has become a trivial matter, resulting in its followers being alarmed by its frequency and generality. On the other hand, there are religions in this world where divorce is absolutely forbidden, so a man whose life has become a painful torment due to incompatibility with his spouse and who sincerely wishes to be relieved of this affliction, remains trapped in it until death merely because his religion does not permit release under any circumstances. Islam is the religion of nature, so it is completely separate from this excess and deficiency; its path in this matter lies between these two extremes, which can openly be called a highway on which a person can walk and keep his life free from all kinds of unpleasantness and thorns of suffering.
Islam’s teaching regarding divorce is that in those unavoidable circumstances when the bitter life of husband and wife cannot be made pleasant by any means other than separation and divorce, then by permitting divorce, the hardships of life can be removed. But for other delicate situations and circumstances, its teaching is: الطلاق أبغض المباحات meaning divorce is the most disliked permissible matter. From this teaching of Islam, it is clear that the Prophet Muhammad, peace be upon him, reached a very subtle point, namely that declaring divorce absolutely impermissible can cause harmful consequences, and similarly, considering it a trivial matter can cause equally or even more harmful results. This subtle point has been reached by other religious authorities who have either declared it absolutely impermissible or considered it trivial after hundreds and thousands of years. The Prophet, peace be upon him, due to his subtle insight, imposed many restrictions and conditions on this issue and placed many useful obligations and important responsibilities on his followers.
Here, the full detail and explanation of the issue of divorce is not intended, but a particular case is to be explained, which is: if a person, under a certain condition, in one sitting and at one time, repeatedly says three times to his wife, “I have divorced you,” then will that wife become unlawful for him, and will this be a final (irrevocable) divorce? According to the original and unambiguous Shariah rulings, this question was very easy and clear, but the conflicting opinions of the Imams and Mujtahids and the severe disagreements of later scholars have made this issue particularly complicated. Therefore, at this point, I will write almost both types of opinions and their arguments, highlighting the strength of the arguments so that the complexities that have arisen can be resolved and the original issue clarified. Such incidents, which occasionally happen by coincidence, take a regrettable form due to people’s ignorance or incorrect religious imagination. It is a very urgent religious necessity to prevent this as much as possible.
In Islam, the primary sources are the Book of Allah and the Sunnah of the Messenger of Allah, peace be upon him, followed by the sayings and actions of the Companions, may Allah be pleased with them, and then the fatwas and opinions of the scholars. Fortunately, this is an issue about which clarifications exist in all these sources. I will collect all these clarifications here in order.
It has become clear that in Islam, marital life is a very delicate glass, the protection of which is a very important duty. Therefore, even a person of ordinary intellect can understand that to break this glass, i.e., to practice divorce, one should be given ample time to think, understand, and consider all its consequences. Reflection on the Holy Quran also leads us to the conclusion that Allah Almighty does not permit haste or impatience in this matter. The detailed rulings on this issue are included in Surah Al-Baqarah and Surah At-Talaq. The form of divorce mentioned in the Quran is that the entire period of divorce is the period of ‘iddah, or three purity periods or three menstrual cycles. During this period, divorce should be given separately (one by one). Until the husband has given divorce twice, he retains the right of revocation, meaning that even after that, if he wishes to keep his wife in marriage, he can do so. But after the third divorce, she becomes unlawful for him until another man marries her and divorces her or until that man dies.

يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَ ۖ وَاتَّقُوا اللَّهَ رَبَّكُمْ ۖ لَا تُخْرِجُوهُنَّ مِن بُيُوتِهِنَّ وَلَا يَخْرُجْنَ إِلَّا أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ ۚ وَتِلْكَ حُدُودُ اللَّهِ ۚ وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُ ۚ لَا تَدْرِي لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَٰلِكَ أَمْرًا ‎﴿١﴾‏ فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ فَارِقُوهُنَّ بِمَعْرُوفٍ

O Prophet, when you divorce women, divorce them at their prescribed waiting periods and count the waiting period, and fear Allah, your Lord. Do not send them away from their homes, nor should they themselves leave except in case they commit a clear immorality. And those are the limits set by Allah, and whoever transgresses the limits of Allah has certainly wronged himself. You do not know; perhaps Allah will bring about after that a different matter. And when they have fulfilled their term, either retain them in a good manner or part with them in a good manner.
In Surah Al-Baqarah it is stated:

وَالْمُطَلَّقْتُ يَتَرَبَّصْنَ بِاَنْفُسِهِنَّ ثَلَثَةَ قُرُوءٍ ؕ وَلَا يَحِلُّ لَهُنَّ اَنْ تَكْتُمْنَ مَا خَلَقَ اللّٰهُ فِيْٓ اَرْحَامِهِنَّ اِنْ كُنَّ يُؤْمِنَّ بِاللّٰهِ وَالْيَوْمِ الْاٰخِرِ ؕ وَبُعُوْلَتُهُنَّ اَحَقُّ بِرَدِّهِنَّ فِيْ ذٰلِكَ اِنْ اَرَادُوْٓا اِصْلَاحًا

And divorced women shall wait [as regards their marriage] for three menstrual periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this [period] if they want reconciliation.
These verses are an indisputable proof that Allah Almighty has prescribed the correct form of divorce for a Muslim as one in which the divorce is given gradually over the period of three purity periods or three menstrual cycles, and during this time, if the husband wishes to revoke the divorce before the third one, he is the most entitled to take back his wife. The division and separation of the divorce over this long period is so that both parties have sufficient opportunity to consider future events, circumstances, and the consequences of divorce and understand them well. Allah Almighty has explained this form of divorce even more clearly in another verse of Surah Al-Baqarah:

الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ

Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment.

فَإِنْ طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ

And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him.
In the verse of Surah At-Talaq, after وَاحْصُوا الْعِدَّةَ, the points are not written due to length, but their rulings are that during this period women should not be allowed to leave their homes except for a strict Shariah necessity. And in the other verse of Surah Al-Baqarah, after بِاِحْسَان, the points are that what you have given them should not be taken back. After these rulings, the remaining verses of both Surahs contain the common command that giving divorce during the ‘iddah, counting the ‘iddah, not allowing women to leave the house during this time, or according to the other verse, “not taking back what you have given them,” are limits established by Allah Almighty which no Muslim is permitted to transgress. Whoever transgresses will wrong himself. This shows that giving divorce gradually during the ‘iddah is a limit set by Allah Almighty, and whoever exceeds it is unjust.
Based on these Quranic verses, Imam Ahmad, may Allah have mercy on him, said:

تدبرت القرآن فإذا كل طلاق فيه فهو الطلاق الرجعي ، يعني طلاق المدخول بها غير قوله تعالى : فَإِنْ طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ

I have pondered much over the Quran regarding the divorces related to a consummated woman, and every divorce among them is revocable, except the divorce mentioned in this verse: “Then if he divorces her for the third time, she is not lawful for him afterward until she marries another husband.”
Regarding these Quranic clarifications, it is also necessary to draw attention to the incident of divorce by Abdullah ibn Umar, may Allah be pleased with them both, about which the clear statement of the Messenger of Allah, peace be upon him, is recorded in the authentic books, Sunan, and Musnads:

إن ابن عمر طلق امرأته، وهى حائض، فذكر عمر ذلك لرسول الله صلى الله عليه وسلم ، فقال مره فليراجعها حتى تحيض، ثم تطهر، ثم تحيض ، ثم تطهر ، إن شاء أمسكها، وإن شاء طلقها قبل أن يمسها ، فتلك العدة التى أمر الله أن تطلق فيها النساء

Ibn Umar, may Allah be pleased with them both, divorced his wife during her menstrual period. Umar, may Allah be pleased with him, mentioned this incident to the Messenger of Allah, peace be upon him, who said: Tell them to take her back until she becomes menstruant again, then becomes pure, then menstruant again, then pure again. After that, they have the choice either to keep her in marriage or to divorce her before touching her, because this is the ‘iddah in which Allah has commanded us to give divorce to women.
Although the occasion of the hadith is divorce during menstruation, the detailed form of divorce described by the Messenger of Allah, peace be upon him, is my main focus because the form of divorce indicated by the Quranic verses is this, and this is the very divorce called Sunnah (the prescribed method of divorce). All other forms fall under innovation (bid’ah). The same incident of Abdullah ibn Umar, may Allah be pleased with them both, is mentioned in another narration with these words:

فبلغ ذلك رسول الله صلى الله عليه وسلم ، فقال : يا ابن عمر! ما هكذا أمرك الله تعالى، إنك قد أخطأت السنة، والسنة أن تستقبل الطهر فتطلق لكل قرء

When this news reached the Messenger of Allah, peace be upon him, he said: O Ibn Umar! Allah has not commanded you thus; you have deviated from the Sunnah. The Sunnah is to wait for purity and give one divorce in each purity.
Similarly, it is narrated from Abdullah ibn Abbas, may Allah be pleased with them both. Ibn Abbas narrates that divorce is during each purity period.

The fact is that the separation of husband and wife is viewed with great importance in Shariah Islamiyyah; it does not permit breaking this bond except under specific circumstances. Therefore, divorce is a permissible matter from which one should generally abstain. However, when unbearable and life-turning bitter and unpleasant conditions arise, then after gradual consideration of all future circumstances and their consequences, it permits its followers to act upon it. The importance of the severance of marital relations can be understood from the fact that when Allah condemned magic in the Quran, He showed its most detestable effect as: فَيَتَعَلَّمُونَ مِنْهُمَا مَا يُفَرِّقُونَ بِهِ بَيْنَ الْمَرْءِ وَزَوْجِهِ Then they learn from them that by which they cause separation between a man and his wife.

In another narration from Jabir, may Allah be pleased with him, it is reported:

قال رسول الله صلى الله عليه وسلم : إن إبليس يضع عرشه على الماء، ثم يبعث سراياه، فأدناهم منه منزلة أعظمهم فتنة، يجيء أحدهم فيقول : فعلت كذا وكذا، فيقول: ما صنعت شيئا، قال : ثم يجيء أحدهم فيقول : ما تركته حتى فرقت بينه وبين امرأته، قال : فيدنيه منه ويقول : نعم أنت

The Prophet, peace be upon him, said that Iblis spreads his throne over water and sends his troops everywhere. Among these devils, the one closest to Iblis in rank is the one who creates the greatest discord. One of them comes to Iblis and says: I did such and such. Iblis says: You have done nothing significant. Then another comes and says: I did not leave a person until I caused separation between him and his wife. So Iblis takes him close and clings to him, saying: You are very good (for having done this great deed).
In another hadith:

عن النبى صلى الله عليه وسلم ، أنه قال : أيما امرأة سألت زوجها الطلاق فى غير ما بأس فحرام عليها رائحة الجنة

It is narrated from the Prophet, peace be upon him, that a woman who asks her husband for divorce without any reason is forbidden the fragrance of Paradise.
The first hadith describes the great trial of separation of spouses, and the second narration shows the dislike and importance of divorce in Shariah by forbidding Paradise’s fragrance for a woman who seeks divorce without any reason.

Explanations of the Prophetic Hadiths:.

Now, after these clarifications, it is necessary to consider the original issue based on authentic narrations: if a person, out of ignorance and unawareness, hastily pronounces three divorces consecutively in one sitting, what is the ruling?

The study of narrations shows that there are two forms of triple divorce (talaq-e-thalatha):
One is that three divorces are combined in a single word, for example: “I have given you three divorces.”
Or that three divorces are pronounced consecutively in one sitting and at one time.

Although both these forms are completely contrary to the original intent of the Holy Quran because from this, the division of three divorces into three separate purity periods (tahars) is inferred. This is why when the Prophet Muhammad (peace be upon him) was informed of an incident of triple divorce in one sitting, he became angry, as mentioned in Sunan an-Nasa’i and others.

The Quran does not imply the ruling of divorce by dividing it into three purity periods; rather, from the words of the Quran الطلاق مرتن …, it is understood that a man has the right to divorce and reconcile twice in his lifetime. When he uses this right twice at different times and then pronounces a third divorce, he no longer has the right to reconcile. حتٰي تَنْكِحَ زَوْجًا غَيْرَهُ

This makes it clear that only one divorce should be given, and it should be given when the woman is free from menstruation and the husband has not had intercourse with her. If the husband does not reconcile during the waiting period (‘iddah) after one divorce, then after the ‘iddah, separation occurs between them. However, after the completion of the ‘iddah following the first and second divorces, remarriage between them is possible.

However, if contrary to this, someone acts otherwise, inevitably the question arises: what is the ruling in such a case? Most scholars agree that combining three divorces in one word is forbidden. But there is disagreement whether such a divorce is revocable (raj’i) or irrevocable (bain).

A group of the Companions (may Allah be pleased with them) stated that in such a case, divorce does occur but only one divorce is revocable. Abu Ja’far Ahmad bin Muhammad Mughith (may Allah have mercy on him) wrote in his book “Al-Muqni’ fi Usul al-Watha’iq wa Bayan ma fi dhalik min al-Daqa’iq”:

وطلاق البدعة أن يطلقها ثلاثا فى كلمة واحدة، فإن فعل لزمه الطلاق، ثم اختلف أهل العلم بعد إجماعهم على أنه مطلق كم يلزمه من الطلاق، فقال على بن أبى طالب وابن مسعود رضي الله عنهما : يلزمه طلقة واحدة وكذا قال ابن عباس رضي الله عنهما

فتاوى ابن تيمية: 83/33 والفتاوى الكبرى: 20/3

And the innovation in divorce is that three divorces are given in a single word. So if someone does this, the divorce will certainly take place, but the scholars, after consensus on the occurrence of divorce, differ on how many divorces occur. Hazrat Ali (may Allah be pleased with him) and Ibn Mas’ud (may Allah be pleased with him) said that only one divorce occurs, and this is also the opinion of Hazrat Ibn Abbas (may Allah be pleased with them both).

Similarly, triple divorces given consecutively in one sitting also carry the ruling of revocable divorce. Regarding this, authentic and reliable narrations are as follows:

حدثنا سعيد بن إبراهيم : حدثنا أبي، عن ابن إسحاق: حدثني داود بن الحصين، عن عكرمة مولى ابن عباس، عن ابن عباس، قال : طلق ركانة بن عبد يزيد أخو المطلب امرأته ثلاثا فى مجلس واحد، فحزن عليها حزنا شديدا، قال : فسأله رسول الله صلى الله عليه وسلم : كيف طلقتها؟ قال : طلقتها ثلاثا، قال : فقال : فى مجلس واحد؟ قال : نعم، قال : فإنما تلك واحدة، فارجعها إن شئت، قال : فراجعها

Sa’id bin Ibrahim narrated… Akramah, the freed slave of Ibn Abbas (may Allah have mercy on them), narrated from Ibn Abbas (may Allah be pleased with him) that Rukana bin Abdul Yazid (may Allah be pleased with him) gave his wife three divorces in one sitting and was very saddened by this incident. The Messenger of Allah (peace be upon him) asked him: “How did you divorce?” He said: “I gave three divorces.” The Prophet (peace be upon him) asked: “In one sitting?” He said: “Yes.” The Prophet (peace be upon him) said: “That is one divorce, so if you wish, you may reconcile.” The narrator says that after this, Rukana (may Allah be pleased with him) reconciled.

قال أبو داود : حدثنا أحمد بن صالح: صالح : حدثنا عبد الرزاق : حدثنا ابن جريج : قال : أخبرني بعض بني أبى رافع مولى النبي، عن عكرمة، مولى ابن عباس، عن ابن عباس قال: طلق عبد يزيد أبو ركانة وإخوته – أم ركانة ونكح امرأة من مزينة ، فجاءت النبى صلى الله عليه وسلم فقالت : ما يغني عني إلا كما تغني هذه الشعرة لشعرة أخذتها من رأسها ففرق بيني وبينه، فأخذت النبى صلى الله عليه وسلم حمية، فدعا بركانة وإخوته، ثم قال لجلسائه : أترون فلانا يشبه منه كذا وكذا من عبد يزيد ، وفلانا يشبه منه كذا وكذا؟ قالوا: نعم قال النبى صلى الله عليه وسلم لعبد يزيد : طلقها ففعل، ثم قال: راجع امرأتك أم ركانة وإخوته فقال : إني طلقتها ثلاثا يارسول الله! قال: قد علمت راجعها وتلا : يَايُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِقُوهُنَّ لِعِدَّتِهِنَّ

Imam Abu Dawood (may Allah have mercy on him) said… Akramah, the freed slave of Ibn Abbas (may Allah have mercy on them), narrated from Ibn Abbas (may Allah be pleased with him) that Rukana (may Allah be pleased with him) and his brothers’ father, Abdul Yazid (may Allah be pleased with him), divorced Umm Rukana (may Allah be pleased with her) and married a woman from the tribe of Muzayna. That woman came to the Messenger of Allah (peace be upon him) and tore a hair from her head and said: “Abdul Yazid cannot fulfill my needs as much as this hair can, so please separate me from him.” Hearing this, the Prophet (peace be upon him) became zealous and called Rukana (may Allah be pleased with him) and his brothers and asked the assembly: “Are these people not similar to Abdul Yazid in such and such matters?” The people said: “Yes, O Messenger of Allah!” Then the Prophet (peace be upon him) said to Abdul Yazid (may Allah be pleased with him): “Divorce her and reconcile with your wife Umm Rukana.” Abdul Yazid said: “I have given her three divorces.” The Prophet (peace be upon him) said: “Yes, I know, reconcile.” Then he recited the following verse: “O Prophet! When you divorce Muslim women, divorce them during their waiting period.” يَايُّهَا النَّبِيُّ اِذَا طَلَقْتُمُ النِّسَاء.. الخ

Although this narration does not explicitly mention that the triple divorce was in one sitting, the fact that the Prophet (peace be upon him) recited the verse عن طاؤس، عن ابن عباس قال: كان الطلاق على عهد رسول الله صلى الله عليه وسلم وأبي بكر وسنتين من خلافة عمر طلاق الثلاث واحدة، فقال عمر بن الخطاب: إن الناس قد استعجلوا فى أمر قد كانت لهم فيه أناة، فلو أمضيناه عليهم فأمضاه عليهم، وفي رواية : إن أبا الصهباء قال لابن عباس : هات من هناتك! ألم يكن الطلاق الثلاث على عهد رسول الله صلى الله عليه وسلم وأبي بكر واحدة، فقال : قد كان ذلك فلما كان فى عهد عمر تتابع الناس فى الطلاق، فأمضاه عليهم وأجازه is sufficient evidence that it was a triple divorce in one sitting; otherwise, the recitation of this verse at that moment would be irrelevant. However, clearer and more explicit are the authentic narrations of Sahih Muslim and Abu Dawood:

وإن هذا لهو الحق المبين.

Tawus narrated from Ibn Abbas (may Allah be pleased with him) that during the time of the Messenger of Allah (peace be upon him), the era of the Caliphate of Abu Bakr and the first two years of the Caliphate of Umar (may Allah be pleased with them), three divorces were considered as one divorce. But due to the frequent occurrence of divorces, Umar ibn Al-Khattab (may Allah be pleased with him) said that people hastened in this matter in which there was leniency and ease for them, so it would be better to enforce it strictly, and from then on, he enforced it. In one narration, Abu Sahba asked Ibn Abbas (may Allah be pleased with him): “Tell me what you know, were three divorces not considered one during the time of the Messenger of Allah (peace be upon him) and Abu Bakr (may Allah be pleased with him)?” Ibn Abbas (may Allah be pleased with him) said: “Yes, that was the case, but when people began to give triple divorces frequently during the time of Umar ibn Al-Khattab (may Allah be pleased with him), he enforced the ruling.”

These narrations clearly indicate that during the era of the Prophet, the era of the Caliphate of Abu Bakr (may Allah be pleased with him), and the first two years of the Caliphate of Umar (may Allah be pleased with him), generally, three divorces given at once and in one sitting were considered as one divorce, and the husband retained the right of reconciliation.

Arguments of the second group and their analysis:

This is one aspect of the matter; at this point, it is also necessary to mention the argument of the group that says that three divorces given in one sentence or in one sitting count as three divorces, and the wife becomes permanently forbidden to the husband. Without this, a proper comparison of the arguments of both parties cannot be made. The hadiths on which this second group’s opinion is based are as follows:

في صحيح البخاري من حديث القاسم بن محمد، عن عائشة أم المؤمنين رضي الله عنها ، أن رجلا طلق امرأة ثلاثا فتزوجت فطلق، فسئل النبى صلى الله عليه وسلم : أتحل للأول؟ قال : لا ، حتى يذوق عسيلتها كما ذاق الأول

In Sahih al-Bukhari, narrated by Hazrat Qasim (may Allah have mercy on him) from Hazrat Aisha (may Allah be pleased with her), it is reported that a man gave his wife three divorces, and she got married to another man, then was divorced again. It was asked from the Messenger of Allah (peace be upon him) whether she was lawful for the first husband again. He (peace be upon him) said: “No, not until the second husband has also enjoyed her as the first did.”
This indicates that the triple divorce given at once was not disliked by the Messenger of Allah (peace be upon him), and this could be the reason for its permissibility. It also proves that such a divorce makes the wife forbidden to the husband; otherwise, the return to the first husband would not depend on the enjoyment of the second husband.

عن أبى سلمة عبد الرحمن أن فاطمة بنت قيس أخت الضحاك بن قيس أخبرته، أن أبا حفص بن المغيرة المخزومي طلقها ثلاثا، ثم انطلق إلى اليمن، فقال لها أهله : ليس لك علينا نفقة، فانطلق خالد بن الوليد فى نفر، فأتوا رسول الله صلى الله عليه وسلم فى بيت ميمونة أم المؤمنين، فقالوا : إن أبا حفص طلق امرأته، فهل لها من نفقة؟ فقال رسول الله صلى الله عليه وسلم : ليست لها نفقة، وعليها العدة

Narrated from Abu Salamah (may Allah have mercy on him) that Fatimah bint Qais (may Allah be pleased with her), sister of Dhahhak bin Qais (may Allah be pleased with him), informed him that her husband Abu Hafs (may Allah be pleased with him) gave her three divorces and went to Yemen, and her family said that her maintenance was not their responsibility. Khalid bin Walid (may Allah be pleased with him) along with some others came to the house of the Mother of the Believers, Hazrat Maymunah (may Allah be pleased with her), and asked the Messenger of Allah (peace be upon him) whether the wife would receive maintenance after three divorces. He (peace be upon him) said: She is not entitled to maintenance, and she must observe the waiting period.

روى عبد الرزاق فى مصنفه عن يحيى بن العلاء، عن عبد الله بن الوليد القرصافي، عن إبراهيم بن عبيد الله بن عبادة بن الصامت عن داود، عن عبادة بن الصامت قال: طلق جدي امرأة له ألف تطليقة فانطلق أبى إلى رسول الله صلى الله عليه وسلم، فذكر ذلك له، فقال النبى صلى الله عليه وسلم : أما اتقى الله جدك أما ثلاث فله وأما تسع مائة وسبعة وتسعون فعدوان وظلم إن شاء الله تعالى عذبه، وإن شاء غفر له

Abd al-Razzaq (may Allah have mercy on him) narrated in his book Musannaf from Yahya bin Alaa (may Allah have mercy on him) that Ubada bin Samit (may Allah be pleased with him) said: My grandfather gave one of his wives a thousand divorces. My father came to the Messenger of Allah (peace be upon him) and mentioned this. The Prophet (peace be upon him) said: Your grandfather did not fear Allah; three divorces are for him, and the remaining 997 are rebellion and oppression. Allah may punish or forgive as He wills.
The incident of Hazrat Abdullah bin Umar (may Allah be pleased with them) is that he divorced his wife during her menstruation, and when the news reached the Messenger of Allah (peace be upon him), he ordered Abdullah (may Allah be pleased with him) to take her back because this was completely against the prescribed method of divorce by Allah. A narration of this incident with some additions is also found, in which Hazrat Abdullah bin Umar (may Allah be pleased with them) says:

فقلت : يارسول الله ! لو كنت طلقتها ثلاثا أكان لي أن أراجعها ؟ قال : لا ، كانت تبين وتكون معصية

I said, O Messenger of Allah (peace be upon him)! If I had given three divorces, would I still have the right to return? He (peace be upon him) said: No, they become irrevocable, and this act is disobedience.

عن نافع، عن ابن عجير بن عبد يزيد بن ركانة أن ركانة بن عبد يزيد طلق امرأة له سهمية البتة، فأخبر النبى صلى الله عليه وسلم بذلك، فقال رسول الله صلى الله عليه وسلم : ما أردت؟ قال ركانة : والله! ما أردت إلا واحدة، فردها إليه رسول الله صلى الله عليه وسلم

Narrated by Nafi (may Allah have mercy on him) that Rukana bin Abd Yazid (may Allah be pleased with him) gave his wife Suhmiya (may Allah be pleased with her) a divorce by indication. The news reached the Messenger of Allah (peace be upon him), and he asked him: What did you intend? Rukana (may Allah be pleased with him) said: By Allah! I only intended one divorce. Hearing this, the Messenger of Allah (peace be upon him) returned his wife to him.
From this hadith, it is proven that if Rukana (may Allah be pleased with him) had intended three divorces by this indication, then three divorces would have occurred. His explicit statement that he only intended one divorce and the Prophet (peace be upon him) counted only one divorce and gave him the right of return shows this. Based on these narrations, the second group has established the opinion that three divorces given in one sitting are irrevocable, and the wife becomes forbidden to the husband. But the truth is that none of these narrations support or confirm their view. The first hadith narrated from Hazrat Aisha (may Allah be pleased with her) is completely authentic and preserved. However, there was an error in understanding and deducing from it. How can it be proven from ان رجلا طلق امرأته ثلاثا that the husband gave three divorces in one sentence or one sitting? Neither is there any explicit statement nor any indication or metaphor in this narration to suggest that giving three divorces at one time or in one sitting is meant. On the contrary, the Prophet’s (peace be upon him) reply: لا حتى يذوق عسيلتها كما ذاق الأول indicates that those three divorces were separate as per the Quranic command. كما صرح به بعض الاكابر و صرح العلامة ابن تيمية فى الفتاوى
However, a separate and clearer point is that this hadith has no relevance to this discussion. In fact, this hadith can be cited against those who say that the divorced wife becomes lawful for the first husband only after a second marriage contract exists. The words after فسئل رسول الله صلى الله عليه وسلم clarify this meaning. Therefore, this hadith can be used to refute the trick of permissibility, not to deny that triple divorce in one sitting is revocable.
The second narration, i.e., the hadith of Fatimah bint Qais (may Allah be pleased with her), is in the same condition; it neither explicitly states nor hints at triple divorce in one sitting. Moreover, in Sahih Muslim itself, the narration of Fatimah (may Allah be pleased with her) is mentioned from Imam Zahri (may Allah have mercy on him) from Ubaidullah bin Abdullah bin Uqbah (may Allah have mercy on him):

إن زوجها أرسل إليها بتطليقة كانت بقيت لها من طلاقها

Her husband sent her the divorce that remained among her divorces.
And in Sahih Muslim itself, another narration is in these words:

فطلقها آخر ثلاث تطليقات

She was given the last of the three divorces.
This narration is as clear and evident as the sun, as Imam Ibn Taymiyyah (may Allah have mercy on him) said in his fatwas. The third narration has no standing in terms of hadith principles; Yahya bin Alaa is weak, and Ibrahim bin Ubaidullah is unknown. How can such a narration be used as evidence? Historically, it is clear that Hazrat Ubada bin Samit’s grandfather did not live in the time of Islam, so what meaning does it have that his father came to the Messenger of Allah (peace be upon him) for consultation about his divorce incident?
There is no doubt about the authenticity of the original incident and narration of Hazrat Abdullah bin Umar (may Allah be pleased with them), but the addition فقلت يا رسول الله لو طلقتها ثلاثا…. الخ is narrated only by Ata Khorasani (may Allah have mercy on him), whose reliability is disputed among scholars of hadith narrators. Saeed bin Musayyib (may Allah have mercy on him) rejected and considered him weak; Shu’bah (may Allah have mercy on him) said he was very forgetful. The most correct opinion is that of Imam Ibn Hibban (may Allah have mercy on him), who said:

كان كثير الوهم ، سيء الحفظ، يخطيء ولا يدري، فلما كثر ذلك فى روايته بطل الاحتجاج به

He was very imaginative, had a poor memory, made mistakes, and did not realize them. When these faults increased in his narration, using his narrations as evidence became invalid.
And the addition فقلت يا رسول الله لو طلقتها ثلاثا، كانت تحل لي … is not found in any other narrator’s narration; all hadith scholars oppose this addition. Furthermore, the narration includes the name Shu’ayb bin Raziq al-Shami or, according to some, Raziq bin Shu’ayb al-Shami, who is undoubtedly weak in everyone’s view.
The fifth narration of Nafi bin Ajir, whose status is unknown, is not worthy of preference over the narration of Ibn Jurayj (may Allah have mercy on him) and Muammar (may Allah have mercy on him), etc. Imam Bukhari (may Allah have mercy on him) said that there is confusion in this narration.
The author of Jami’ al-Tirmidhi (may Allah have mercy on him) explicitly said to Imam Bukhari (may Allah have mercy on him) that this narration has such confusion that in some narrations طلق امرأته سهمية البتة is narrated and in others طلق امرأته سهمية ثلاثا. Also, its chain includes Zubayr bin Saeed al-Hashmi, whom many hadith and narrator scholars have declared weak. Regarding Nafi’s narration, Imam Ibn Taymiyyah (may Allah have mercy on him) said:

والمروي عن ابن عباس فى حديث ركانة من وجهين، هو رواية عكرمة عن ابن عباس من وجهين عن عكرمة وهو أثبت من رواية عبدالله بن على بن يزيد بن ركانة ونافع بن عجير أنه طلقها البتة وأن النبى صلى الله عليه وسلم، استحلفه، فقال: ما أردت إلا واحدة، فإن هؤلاء مجاهيل لا تعرف أحوالهم، وليسوا فقهاء، وقد ضعف حديثهم أحمد بن حنبل وأبو عبيد وابن حزم وغيرهم

The narration of Rukana from Ikrimah from Ibn Abbas is more authentic and established than the narration narrated by Abdullah bin Ali bin Yazid and Nafi bin Ajir, in which it is stated that Rukana gave his wife a divorce by indication, and when the Messenger of Allah (peace be upon him) took an oath from him and asked his intention, he said he only intended one divorce. This is because these narrators are unknown and not jurists. Also, Imam Ahmad, Abu Ubaid, and Ibn Hazm, etc., considered this narration weak.
Regarding the narration with the wording البتة, Imam Ahmad (may Allah have mercy on him) said: وطرقه كلها ضعيفة, meaning all its chains are weak.
وحديث ركانة فى البتة ليس بشيء and the narration of Rukana with the wording البته is nothing.
The truth is that none of the hadiths, even if authentic, support the opinion of this second group.
The narration of Hazrat Ibn Abbas (may Allah be pleased with them):

كان الطلاق على عهد رسول الله صلى الله عليه وسلم وأبي بكر وسنتين من خلافة عمر طلاق الثلاث واحدة، فقال عمر بن الخطاب : إن الناس قد استعجلوا أمرا كان لهم فيه أناة، فلو أمضيناه عليهم فأمضاه عليهم

During the time of the Messenger, the time of the Caliphate of the Truthful (Abu Bakr, may Allah be pleased with him), and the first two years of the Caliphate of Hazrat Umar (may Allah be pleased with him), three divorces were considered as one divorce. But after the frequent occurrence of divorces, Hazrat Umar (may Allah be pleased with him) said that people hastened in a matter in which there was leniency and ease for them. So if I impose this on them, it would be better. Then he (may Allah be pleased with him) enforced it.
Regarding this narration, the members of this second group have a strange attitude. Sometimes they object to the initial part, considering it against their purpose, saying this is a hadith not taken by Imam Bukhari (may Allah have mercy on him), and Imam Muslim (may Allah have mercy on him) is unique in its narration. But we want to know: Is this the only hadith in which Imam Muslim is unique? And do you consider every hadith in which Imam Muslim is unique as unreliable? Did Imam Bukhari ever write that every hadith not included in his Sahih is false? And yes! Is it not a fact that Imam Bukhari protested many hadiths not mentioned in his Sahih and authenticated many hadiths he did not include in Sahih?
And sometimes these same people consider the last part of this narration according to their claim and present it in support of their view, exaggerating its importance with various interpretations. In this context, they also present the incident that based on this narration, Hazrat Ibn Abbas (may Allah be pleased with them) issued a fatwa on the necessity of triple divorce in one sitting. But the truth is that this narration itself reveals the weakness of their position because it certainly proves that during the time of the Messenger, the Caliphate of Abu Bakr (may Allah be pleased with him), and the first two years of Hazrat Umar’s Caliphate, generally, without dispute, three divorces given in one sitting were considered as one divorce and were revocable. However, when Hazrat Umar (may Allah be pleased with him) saw in his time that people considered divorce a trivial matter and frequent triple divorces occurred daily, he deemed it appropriate to declare such divorces irrevocable to deter people by the severity and unpleasantness of the consequence so that they would change their behavior.
The second group (those who consider triple divorce in one sitting as irrevocable) believes that Hazrat Umar’s act abrogates the previous ruling, but they have no evidence for this abrogation. It is evident that the Shariah left by the Messenger of Allah (peace be upon him) for his Ummah cannot be amended or added to by anyone after him. In some issues, both negation and affirmation aspects may exist, but even then, the matter under discussion does not seem resolved. When the Messenger of Allah (peace be upon him) passed away, millions of companions had heard his commands, prohibitions, and sayings. Among this large number, not even ten or twenty companions narrated from the Messenger of Allah (peace be upon him) that he declared such triple divorces in one sitting as irrevocable, contrary to the practice during the time of the Messenger, the Caliphate of Abu Bakr, and the first two years of Hazrat Umar’s Caliphate, which all Muslims followed, showing that triple divorce in one sitting or بفم واحد is revocable.
Among the companions, hardly four or five persons can be found whose opinion supports such divorce as irrevocable, for example, Hazrat Ibn Abbas (may Allah be pleased with them) has two opinions on this matter, one of which considers the divorce revocable and the other irrevocable. Similarly, Hazrat Ibn Mas’ud (may Allah be pleased with him) has one opinion considering it irrevocable and another with hesitation. Likewise, Hazrat Ali (may Allah be pleased with him) and Hazrat Umar (may Allah be pleased with him) have issued fatwas, but apart from them, the vast majority of companions consider such divorce revocable. Besides this numerical majority, it is also important to consider that from a religious perspective, when the companions’ opinion contradicts their narrated hadiths, whom are we obliged to follow? If it is said that we must follow their opinion, we strongly disagree because many examples exist where companions’ opinions contradict their narrated hadiths, and the scholars of the Salaf accepted their narrations but rejected their opinions. For example, Hazrat Ibn Abbas (may Allah be pleased with them) said: بيع الامة طلاقها Selling a slave girl is her divorce, but from his narration, the hadith of Bai’ and ‘Itāq of Barirah (may Allah be pleased with her) and its تخيير is narrated. The scholars of the four schools accepted his narration but did not consider his fatwa binding. Or, for example, Hazrat Abu Hurairah (may Allah be pleased with him) narrated that if a dog puts its mouth in a vessel, it should be washed seven times. But his fatwa is against this. Scholars accepted his narration but rejected his fatwa. If such examples are collected, a whole volume can be prepared. There are hundreds of instances where scholars ignored the companions’ opinions. The interpretation of verse فَأْتُوا حَرْثَكُمْ أَنَّى شِئْتُمْ

by Hazrat Ibn Umar (may Allah be pleased with them) was ignored by the majority of scholars. The explanation of hadith البيعان بالخيار by him, although apparently according to the hadith, was not accepted by Imam Abu Hanifa (may Allah have mercy on him) and Imam Malik (may Allah have mercy on him). Are all these not under the same principle? That انما الاعتبار بما رووه لا ما رأوه وفهموه The companions’ narration is undoubtedly acceptable and authentic, but what they understood or issued fatwa on is not binding on us.
The truth is that Hazrat Umar’s act (declaring triple divorce in one sitting as irrevocable) neither abrogates the original Shariah ruling (that such divorce is revocable) nor are we compelled to follow some companions’ fatwas against hadith. What Hazrat Umar did was not abrogation but a disciplinary measure (ta’zir). That is, when people began to practice frequent divorce contrary to the Shariah’s intent, clearly showing that the importance and dislike of divorce had vanished from their hearts, as the Caliph of the time, Hazrat Umar considered it his duty to prevent people from this reprehensible behavior. Therefore, he declared by way of ta’zir that whoever does this, his wife becomes forbidden to him. Thus, Hazrat Umar’s act is only disciplinary, which a Caliph certainly has the right to enforce when necessary. Many examples of such disciplinary measures can be found during Hazrat Umar’s time or his caliphate, for example: The punishment for drinkers was initially forty lashes, but Hazrat Umar increased it to eighty lashes. Not only that, but he also shaved the heads of some drinkers and exiled them from the city. Fighting the people of the Qiblah (Muslims) was not permitted by Shariah, but when Hazrat Ali (may Allah be pleased with him) was compelled to do so during his caliphate, he took up the sword against the people of the Qiblah. But was this more than a disciplinary measure? The fact is that in such unavoidable situations, what was done contrary to the original ruling was only a temporary disciplinary ruling. When extreme hardship and compulsion arose, the caliphs temporarily deprived people of rights they were entitled to under Shariah. Except for these exceptional circumstances, the original Shariah ruling remains intact to this day. However, based on these examples of the rightly guided caliphs, the maximum conclusion is that even today, if a caliph or imam faces extreme hardship and compulsion, he may temporarily adopt such disciplinary measures following their example.
From the investigation of narrations on this issue, we conclude that from the time of the Messenger to the first two years of Hazrat Umar’s caliphate, triple divorce in one sitting or بفم واحد (one time) was indeed revocable without dispute. The difference of opinion began during Hazrat Umar’s time when he declared such divorces irrevocable as a disciplinary measure due to their frequent occurrence. This is why Hazrat Ibn Abbas (may Allah be pleased with them), Hazrat Ibn Mas’ud (may Allah be pleased with him), Hazrat Ali (may Allah be pleased with him), and even Hazrat Umar (may Allah be pleased with him) who consider such divorces irrevocable do so based on their fatwas, not on any narration from the Messenger of Allah (peace be upon him). Because no narration is found that any of these companions presented when issuing such fatwas. This view is also supported by the fact that after Hazrat Umar’s decision and declaration, Hazrat Ibn Abbas (may Allah be pleased with them) and others sometimes issued fatwas showing hesitation and doubt, which clearly indicates that the cause of hesitation was the difference between the previous and current ruling. The following incident is evidence of this.

عن مجاهد قال : كنت عند ابن عباس، فجاءه رجل فقال : إنه طلق امرأته ثلاثا ، قال : فسكت حتى ظننت أنه رادها إليه، ثم قال : ينطلق أحدكم فيركب الحموقة ثم يقول : يا ابن عباس ! يا ابن عباس وإن الله قال : وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجًا وإنك لم تتق الله فلم أجد لك مخرجا عصيت ربك وبانت منك امرأتك وإن الله تعالى قال: يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوْهُنَّ لِعِدَّتِهِنَّ

Mujahid (may Allah have mercy on him) narrated that I was with Ibn Abbas (may Allah be pleased with them) when a man came and said that he had given his wife three divorces at once. Ibn Abbas (may Allah be pleased with them) remained silent for so long that I suspected he would return the wife to him. Suddenly, Ibn Abbas (may Allah be pleased with them) said: You people act foolishly and then shout: O Ibn Abbas! Allah Almighty has said: Whoever fears Allah, He will make a way out for him, but you do not fear Allah, so I find no refuge for you. You have disobeyed Allah, so your wife has separated from you, and Allah Almighty has said: O Prophet! When Muslims divorce women, give them their waiting period.
Another similar narration has come to our attention, though I do not recall exactly whether it was in Zad al-Ma’ad or Nayl al-Awtar or another book. However, there is no doubt about the existence of the original narration that at one place, Hazrat Abdullah bin Abbas (may Allah be pleased with them) or Hazrat Abdullah bin Mas’ud (may Allah be pleased with him) along with some others were present when a man came and asked the same question. They remained silent for a while, and one of the attendees said: لقد أتتك المعضلة “Indeed, a difficult question has come before you.”
At such moments, their silence and hesitation apparently indicate that when Hazrat Umar had declared such divorces irrevocable as a precaution, the companions issuing fatwas faced a difficult situation due to the difference between the old and new rulings. Nevertheless, they had to follow the decision of the Caliph of the time, so they issued fatwas accordingly.
This difference among the companions is the basis of the later scholars’ disagreement, upon which they built their opinions, resulting in two groups with different approaches. Although both aim to prevent frequent divorce, one group adopted a strict approach in divorce matters so that even minor carelessness could deprive a husband of his wife, making people fear divorce or even its thought and avoid it. The other group says that we have no right to such harshness and severity; in every legal matter, the best example for us is the practice of the Messenger of Allah (peace be upon him). Where he was strict, we may be strict, but where he was lenient, we have no right to deprive the Muslim Ummah of this mercy and compassion of the Mercy to the Worlds. ولعل هذا القول هو أقرب إلى الحق و الصواب It is hoped that this view is closer to truth and correctness.

طلق امرأته ثلاثا

بفم واحد

Pakistani Scholars of the Hanafi School :.

Maulana Peer Karam Shah Azahri Rahimahullah (Hanafi Barelvi) :.

Pir Sahib was educated at Al-Azhar University (Egypt). When he graduated from Al-Azhar, at that time he wrote a book on the issue of triple talaq and named it Dawat-e-Fikr-o-Nazar (Published by Khalid Printing Press, Sargodha). He suggested this name because in it he invited the scholars of the Hanafi school to reflect and urged them to adopt the Ahl al-Hadith’s stance on this issue, which is also followed in Egypt and elsewhere. Interestingly, in this book, he declared the Hanafi scholars’ use of Qur’anic verses and Hadiths to prove the occurrence of three divorces as very weak and clearly explained the weakness of their arguments with strong evidence.

Secondly, he presented arguments proving that three divorces given at once count as only one divorce.

Thirdly, he responded to the Hanafi scholars’ replies to the Ahl al-Hadith’s arguments, strengthening and confirming the Ahl al-Hadith’s position.

Fourthly, he clarified whether, while being a follower of Imam Abu Hanifa (may Allah have mercy on him), there is room to follow the opinion of another school or sect. He answered this affirmatively. Observe this last point in his own words; he writes:

There remains one question that requires an answer: Does being a follower of the great Imam Abu Hanifa (may Allah have mercy on him) allow us, according to the principles of Shariah, to follow the opinion of another Imam in unavoidable necessities?

After studying the books of Usul al-Fiqh, it can be said with clear insight that this is possible.

The learned scholar Kamal bin Hammam al-Hanafi writes in his book “Al-Tahrir” and in “Sharh al-Taqrir wal-Tahbir” of Ibn Amir al-Hajj al-Tahrir:

فلو التزم مذهبا معينا كأبي حنيفة والشافعي فهل يلزمه الاستمرار عليه فلا يعدل منه فى مسئلة من المسائل؟ فقيل: يلزم لأنه بالتزامه يصير ملزما به كما لو التزم مذهبه فى حكم حادثة معينة ولأنه اعتقد أن المذهب الذى انتسب إليه هو الحق فعليه الوفاء به وجب اعتقاده وقيل : لا يلزم، وهو الأصح

Now consider the books of Fiqh! There you will find clarifications that in times of severe necessity, Hanafi jurists have issued fatwas according to the opinions of other Imams. Consider a few examples:

The learned scholar al-Shami (may Allah have mercy on him) writes regarding a missing spouse:

قال القهستاني : لو أفتي بقول مالك فى موضع الضرورة لا بأس به على ما أظن – وقلت : نظير هذه المسئلة عدة ممتدة الطهر التى بلغت برؤية الدم ثلاثة أيام ثم امتد طهرها فإنها تبقى فى العدة إلى أن تحيض ثلاث حيض، وعند مالك تنقضي عدتها بتسعة أشهر وقد قال فى البزازية : الفتوى فى زماننا على قول مالك

Similarly, it is mentioned in Tahtawi.

Also, listen to two examples from the fatwas of Maulana Abdul Hayy (may Allah have mercy on him).

First Example:

Question:

Zaid said to his wife in a state of anger: I have divorced you, I have divorced you, I have divorced you. Will saying this three times result in three divorces or not? And if it is valid in the Hanafi school but not in the Shafi’i school, will the Hanafi be allowed to follow the Shafi’i school in this particular case?

Answer:

In this case, according to the Hanafi school, three divorces will occur, but only when necessary, that is, if separating from the woman is difficult and there is a likelihood of greater harm. If one follows the fatwa of any Imam, there will be no problem. A similar issue exists regarding the marriage of a missing wife and her waiting period ممتدة الطهر, where the Hanafis, in necessity, consider it correct to follow the opinion of Imam Malik, may Allah have mercy on him. This is discussed in detail in Radd al-Mukhtar. However, it is preferable that the person consult a Shafi’i scholar and follow his fatwa.

Second Example:

Question:

Amr deceived Zaid and took him to his house. He called some men and forced Zaid to give triple talaq to his wife. Since there is great love between Zaid and his wife, separation is extremely difficult. Therefore, is it permissible to marry again by following the Shafi’i school of thought in case of necessity?

Answer:

In cases of extreme necessity, it is correct to follow the Shafi’i school of thought, may Allah have mercy on Imam Shafi’i.

All aspects of the issue are before you. You have observed the rational and transmitted evidences and all kinds of refutations and criticisms on them. Now you can decide for yourself regarding this matter. In my humble and imperfect opinion, in these circumstances, it is preferable to act according to the fatwa of the scholars of Egypt and the scholars of Al-Azhar University.

Compiled by:

And what is the fatwa of the scholars of Egypt and the scholars of Al-Azhar University? It is that three divorces given in one sitting constitute a single revocable divorce, in which reconciliation during the waiting period (‘iddah) and remarriage without a new contract after the ‘iddah is permissible. The respected Pir Sahib’s book is also included in the book titled “Three Divorces in One Sitting,” which contains the articles of the Hanafi scholars of India and the entire proceedings of the seminar organized specifically for the issue under discussion.

This book by the respected Pir Sahib was included in the mentioned book after revision by “Raqim al-Huroof” (Salahuddin Yusuf), based on the statement of Hazrat Al-Ustadh Maulana Muhammad Attaullah Hanif, may Allah have mercy on him. Under the instruction of Hazrat Al-Ustadh, the writer also translated the hadiths and several Arabic texts included in Pir Sahib’s book into Urdu. The original book often lacks Urdu translations in many places.

Maulana Abdul Haleem Qasmi, may Allah have mercy on him:

He was the founder and principal of Madrasa Jamia Hanafia Qasmiya, Gulberg Lahore, and the president of the Hanafi scholars of Pakistan. In 1979, when, through the efforts and desire of Hazrat Al-Ustadh Maulana Muhammad Attaullah Hanif, may Allah have mercy on him, the papers of the mentioned seminar (scientific discussion) were published in Pakistan, which also included the treatise Dawat-e-Fikr-o-Nazar by Pir Karam Shah Azahri, may Allah have mercy on him, then when this book came to the attention of Maulana Abdul Aleem Qasmi, may Allah have mercy on him, he was very pleased and wrote a letter to Hazrat Al-Ustadh expressing happiness over the publication of this book and called it a demand of the time. This letter was published in the weekly Al-I’tisam. Shortly after, when this issue became a topic of debate and dispute between Ahl-e-Hadith and Ahnaf in Multan, some Ahl-e-Hadith persons of Multan approached Maulana Qasmi, may Allah have mercy on him. Maulana, may Allah have mercy on him, wrote two letters to them on this issue and openly expressed his opinion. Dear readers, please observe these three letters.

Letter titled Al-I’tisam regarding the issue of one gathering resulting in three divorces:

Honorable Maulana Muhammad Ataullah Hanif, may Allah have mercy on him!
Assalamu Alaikum wa Rahmatullahi wa Barakatuh,
The book “Majmua Maqalat Ilmiya” which you have published regarding the issue of giving triple talaq in one sitting is very timely.
In our society, it is a common practice that giving divorce to women over minor disputes has become a fashion. At the time of marriage, precautions are taken and the essential rules of Nikah are observed, such as the permission of the guardian, witnesses, the right of Mehr, permission of widow and divorcee, consent, etc. But at the time of divorce, all Shariah rules are completely ignored and confirmation is given on an un-Islamic divorce deed written by a notary, which has a deep impact on society. Muftis also close their eyes and issue fatwas encouraging halala, which is not liked by a dignified Muslim. Under these circumstances, there was an urgent need to clarify the Shariah rules regarding this un-Islamic divorce.
Alhamdulillah, in every era, the scholars of truth have informed the public about this matter based on the decisions of Allah and His Messenger (peace be upon him), but their individual efforts remained limited. May Allah reward you with goodness for your collective effort through Al-I’tisam and now in the form of a book, compiling the opinions of prominent scholars from every school of thought in India and Pakistan. It is necessary that this scholarly book be kept in view by all Arabic madrasas and muftis so that seekers of truth may benefit and avoid un-Islamic measures in matters of divorce. The oppressed women who have been struggling for years due to not receiving written divorce should be made clear that according to the pure Shariah, marriage and divorce are verbal, not written. Also, knowledge of Khula and Talaq should be spread so that the oppressed women can be helped. In any case, further work is needed in this regard. والسلام

Letter Multan: 1

Respected and Honorable Mr. Muhammad Tufail Sahib!
Assalamu Alaikum wa Rahmatullahi wa Barakatuh, I have received your letter, Kaashif. May Allah reward you with goodness. You have explained the issue in the best manner and written it well.
➊ Our later jurists have stated in this issue that triple talaq occurs in one sitting, therefore until the woman marries another man, she is not lawful for the first husband. Even if this was correctly implemented, there would be some point. The condition is that after the ‘iddah (waiting period), the woman marries someone else of her own free will, and the second husband can divorce her whenever he wishes. After the ‘iddah, if the woman wants to return to the first husband, she may do so, but it requires a period of one or two years. Now this matter is conditioned under the name of halala by marrying some lustful man, and in the morning the woman is handed over to the first husband, thereby implementing حَتَّى تَنْكِحَ زَوْجًا غَيْرَه

, which is utterly nonsense and the work of the cursed. No honorable man would prepare his wife to be treated like a cow, buffalo, or goat. But this is happening. May Allah protect us; in various regions, special men for halala are always ready.
➋ The clear rulings of marriage and divorce have been established by the true Shariah. If these rulings are followed, then the marriage is valid. If a wretched person marries a woman from whom marriage is forbidden, will the marriage be valid? Similarly, marrying without permission, without witnesses, or without a dower (mahr) will not make the marriage valid. Caution is also exercised in this matter. Likewise, Islam has prescribed the method of divorcing a married woman, as you have also written in the Mursalah pamphlet. If a man divorces contrary to Shariah due to ignorance, that divorce is not valid, as narrated from Hazrat Tawus (may Allah have mercy on him) and other companions (may Allah be pleased with them). If an un-Islamic divorce is accepted, it counts as only one divorce. Even if a thousand are given in one sitting, only one divorce will be counted.
➌ This is not the decision of any Maulvi or Mullah; this is the decision of the Master of the Universe, the Pride of Creation, peace and blessings be upon him, in whose presence no one’s decision is acceptable nor has any value. Writing or giving a judgment contrary to the decision of the Judge or the Mercy of the Worlds, peace and blessings be upon him, is a grave major sin.

فَلَا وَرَبِّكَ لَا يُؤْمِنُونَ حَتَّى يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ

By your Lord, they will never be believers until they accept you as a judge in all disputes between them.
It is absolutely correct that during the blessed time of the Holy Prophet, peace and blessings be upon him, and during the blessed era of Abu Bakr Siddiq (may Allah be pleased with him) and Umar Farooq (may Allah be pleased with him), this was practiced for two years.
➍ Hazrat Umar Farooq (may Allah be pleased with him) accepted triple talaq in one sitting as three divorces. This was your (may Allah be pleased with him) policy, which is subject to change. Accordingly, many noble companions (may Allah be pleased with them) differed on this matter, and evidence of this is found in the books of Hadith. Until today, no Mufti has dared to write that this decision is not from the Prophet, peace and blessings be upon him. This clearly shows that those who follow this line are misguided and committing a heinous act which is outright fornication (adultery). Therefore, the Holy Prophet, peace and blessings be upon him, declared it cursed in clear words and called the one who commits it a sacrificial goat who commits zina.
➎ Along with this letter, the treatise “Tazkira Sheikh-ul-Islam Maulana Shabbir Ahmad Usmani (may Allah have mercy on him)” is sent, in which on page 41 this issue has been published for the benefit of the public. It contains references from all books of Hadith and Fiqh. You will feel heartfelt joy upon reading it. The book on Salah (prayer) is also sent. In India, a discussion session was held in which various gentlemen read papers on this issue. That was published in book form by Idara Al-I’tisam. It also contains a paper by Pir Karam Shah Sahib (may Allah have mercy on him), who follows the Barelvi school and Hanafi jurisprudence.
➏ Most of our scholars get nervous while giving fatwas, although expressing the truth is among the duties of scholars. Alhamdulillah, I have been continuously writing for forty years. No scholar has objected so far; rather, they are pleased. Alhamdulillah, the writer of these lines is not only Hanafi but also the president of the Hanafi scholars of Pakistan.

ذَلِكَ فَضْلُ اللهِ يُؤْتِيهِ مَنْ يَشَاءُ وَاللهُ ذُو الْفَضْلِ الْعَظِيمِ

This is the grace of Allah; He gives to whom He wills, and Allah is the Most Gracious.
Publish the pamphlet beautifully and distribute it. The viewpoint should be written like this: the scribe has made mistakes in two places; publishing photos of those is disrespectful. You may publish this letter of mine.

Letter Multan: 2

Both your letters have been received. It is very regrettable to create a dispute over a trivial matter and get involved in litigation. Is there no righteous man in the community?

Generally, when a divorce is given, neither the one giving the divorce nor the one writing it knows what they are doing. All jurists agree that giving three divorces at one time is an un-Islamic divorce. For this reason, Hazrat Tawus (may Allah have mercy on him) says that this divorce does not take effect and is void because it is given against Shariah. There is a severe difference of opinion on this.

During the blessed time of the Prophet Muhammad (peace be upon him), three divorces given in one sitting were counted as one. Similarly, during the caliphate of Hazrat Abu Bakr Siddiq (may Allah be pleased with him), this was the rule. In the first two years of the caliphate of Hazrat Umar (may Allah be pleased with him), the same ruling was in place. Later, he declared it as three divorces.

During the blessed time of the Prophet Muhammad (peace be upon him), when a similar incident occurred, the Prophet (peace be upon him) said that three divorces in one sitting should be counted as one. And he ordered reconciliation.

Therefore, those who count it as one divorce issue fatwas according to the decision of the Prophet Muhammad (peace be upon him). This fatwa is correct and valid. After the decision of the Prophet (peace be upon him), there is no need for any other decision; if there is, it should be acted upon accordingly, not in opposition. Praise be to Allah, my research and fatwa is that a husband can reconcile with a thrice-divorced wife in one sitting; there is no harm. The fatwa of the Ahl al-Hadith scholars is correct, and reconciliation is valid. This is also the law of the governments of Pakistan, Egypt, Sudan, and Libya.

Note: Photocopies of the letters from Multan are also in our possession. Those who wish to see them may do so. These letters from Multan are booklets published by the Ahl al-Hadith group of Multan, titled “Three Divorces in One Sitting,” taken from the perspective of Hanafi scholars. The addresses for obtaining them are as follows:
(1) Dar al-Hadith Rahmaniya, Chungi No. 14, near Old Lari Adda, Multan.
(2) Dar al-Hadith Muhammadiya, Aam Khas Bagh, Multan city.

Maulana Hussain Ali Wan Bhichran, may Allah have mercy on him:

In Maulana Abdul Aleem Qasmi’s letter Multan No. 1, the “Mention of Sheikh-ul-Islam Maulana Shabbir Ahmad Usmani (may Allah have mercy on him)” and the explanation of the issue under discussion are as follows. It also contains a fatwa of a prominent Hanafi scholar Maulana Hussain Ali Wan Bhachran (may Allah have mercy on him). A photocopy of it was graciously provided to us by Maulana Qasmi’s (probably) nephew Hafiz Hussain Ahmad Qasmi (may Allah have mercy on him). Moreover, in the letter he wrote to the author about 25 or 26 years ago, he also stated his own school of thought as one divorce only. The letter is undated. After the excerpt of the mention and the fatwa of Maulana Hussain Ali Wan Bhachran (may Allah have mercy on him), please also see this letter.

The above excerpt from the “Mention of Sheikh-ul-Islam” is as follows:

The Holy Prophet’s (peace be upon him) saying:

لعن الله المحلل والمحلل له

May Allah’s curse and chastisement be upon the one who performs halala and the one for whom halala is performed.

Abdullah bin Umar (may Allah be pleased with them) said that even if these two remain in temporary marriage for 25 or 26 years, they will be considered adulterers. Hazrat Usman Ghani (may Allah be pleased with him) said that this is not marriage but fornication.

Imam Abu Yusuf (may Allah have mercy on him) and Imam Ahmad (may Allah have mercy on him) said that this is not lawful for the first husband, just as a murderer is always deprived of inheritance, similarly, he will be deprived.

All jurists and hadith scholars have accepted its name as التيس المستعار “the hired bull.”

Hazrat Umar (may Allah be pleased with him) said: If a man who performs halala and a woman for whom halala is performed are brought before me, I will punish them for adultery.

The commentator of Sahih Muslim, Allama Nawawi (may Allah have mercy on him) writes:
Those who do not know the realities claim that the three divorces being counted as one in a single sitting was initially valid but later abrogated. This is a gross error.
If that were the case, then why was it practiced during the blessed time of the Holy Prophet (peace be upon him), the caliphate of Hazrat Abu Bakr Siddiq (may Allah be pleased with him), and the early period of Hazrat Umar (may Allah be pleased with him)?

After the decision of the Holy Prophet (peace be upon him), further discussion on this matter is not correct.

Ahkam al-Quran, Volume 3, page 230, incident of Rukana bin Abdul Yazid bin Hashim bin Abdul Muttalib.

Fatwa of Maulana Hussain Ali Wan Bhachran, may Allah have mercy on him:

Hazrat Maulana Hussain Ali, who was a great Muhaddith and Faqih of his time, states in his fatwa:
There is severe disagreement regarding pronouncing three divorces in one word. Everyone agrees that this divorce is un-Islamic. Some Hanafis say that three divorces are effected, while others say they are not. Their basis is the authentic hadith of Rukana bin Abdul Yazid, may Allah be pleased with him, which Imam Ahmad, may Allah have mercy on him, presented with an authentic chain in his Musnad and himself considered it authentic. It is mentioned in Allama Ibn Qayyim’s book ‘I’lam al-Muwaqqi’in’ on page 280, Ahkam al-Quran, p. 449, Tirmidhi, p. 140, Mishkat, p. 176, Abu Dawood, p. 299, Ibn Majah, p. 141, Dar Qutni, p. 438 that this counts as one divorce, and Halala is not required.

Letter of Hafiz Hussain Ahmad Qasmi (Jamia Hanfia Gulberg Lahore)

Respected Hafiz Salahuddin Yusuf Sahib, may your blessings continue,
Assalamu Alaikum wa Rahmatullahi wa Barakatuh!
As promised, I am sending the fatwa. This book now only remains as volumes along with other books as a keepsake. If it gets published, I will send it to you. Respected sir, you may certainly send the fatwa on triple talaq in one sitting through one of your men; my opinion is also the same that three divorces given at one time count as one occurrence, and I will also send you my own research on this. May Allah keep you safe and grant you further progress. Please send Al-I’tisam and your literature regularly; this is your center in Gulberg.

Clarification:.

This letter is from about 25 or 26 years ago, when the writer requested from him a copy of the book Tazkira Sheikh-ul-Islam Maulana Shabbir Ahmad Usmani (may Allah have mercy on him), which included Maulana Hussain Ali Wan Bhichran’s (may Allah have mercy on him) fatwa regarding triple talaq. In response, he said that the book had now been finished, but he sent a photocopy of the relevant section. Accordingly, that fatwa has been included in this book.
Also, see the three letters published in the monthly “Al-Shariah” Gujranwala in this regard.

Maulana Ahmad ur-Rahman (Islamabad):

My brother Maulana Ammar Nasir Sahib Zaid Majdah
Assalamu Alaikum wa Rahmatullahi wa Barakatuh!
I hope you are in good spirits. “Al-Shariah” is reviewed every month, and reading its articles enlightens the heart and mind. In the March 2005 issue of “Al-Shariah,” the article by Maulana Syed Salman Husaini Nadwi titled “Consideration of Social Interests in Ijtihadi Differences” raises a very important point that is in accordance with the needs of the time. In a gathering, the topic of triple talaq is generally discussed as a point of difference between the Hanafis and Ahl al-Hadith in our country, whereas the reality is that it needs to be seen as a serious social issue and a reasonable solution must be presented.

The first point is that Islam does not favor the breaking of a family after its formation except in the most unavoidable circumstances. Considering triple talaq in one sitting as valid in every case without any concession goes against the purpose of Shariah. Especially in our society, such cases usually occur due to ignorance of the Shariah method and merely temporary emotional states, and in a moment, the entire family falls victim to ignorance and emotionalism. Islam even gives time for reflection before breaking the smallest contract, while Nikah (marriage) is called مِيثَاقًا غَلِيظًا in the Holy Quran. Is it according to the principles of justice in Islam to end such a great contract in a moment and leave no opportunity for the one who erred to make amends? The second point is that currently, the Islamic family system is particularly targeted by the cultural invasion of the West, and these attacks are increasing day by day. We must think whether by adopting such a rigid stance on triple talaq, we are unintentionally becoming helpers for opposing forces in this cultural conflict.

As far as the Shariah aspect of this issue is concerned, it is clear from the traditions that during the time of the Prophet Muhammad (peace be upon him), three divorces given in one sitting were counted as one. Similarly, during the caliphate of the first Caliph, Sayyiduna Abu Bakr (may Allah be pleased with him), and for the first two years of Sayyiduna Umar’s (may Allah be pleased with him) caliphate, three divorces in one sitting were considered as one. After that, Hazrat Umar (may Allah be pleased with him), considering specific circumstances, decided as a Mujtahid and Caliph that three divorces would be counted as three. This decision of Sayyiduna Umar Farooq (may Allah be pleased with him) was an ijtihadi decision in a particular social situation, and sometimes the original Shariah ruling has to be temporarily suspended, as when during a famine he temporarily suspended the punishment of cutting off the hand of a thief, and when the famine ended, the punishment was reinstated in its original form. Thus, Sayyiduna Umar Farooq (may Allah be pleased with him) temporarily suspended one ruling and implemented another to remove a defect in society, but this was for an interim period, not permanently or eternally.

I myself am Hanafi and have received religious education from Hanafi teachers, but I believe that in light of the above points, the Hanafi viewpoint on this issue needs reconsideration, and I know many Hanafi scholars who also feel this need. I request you to make this issue a formal topic of discussion in “Al-Shariah” and invite scholars to find a solution for the Ummah while keeping in view the temperament of Shariah and the opinions of the pious predecessors.

Professor Muhammad Akram Work (Government College, Qila Didar Singh):

Issue of Triple Divorce. Scholars, please pay attention:
In the March 2005 issue of the monthly “Al-Sharia,” Maulana Syed Salman Al-Husseini Nadwi wrote an article titled “Consideration of Social Interests in Ijtihadi Differences,” in which the learned author drew the attention of scholars to the social problems arising from the occurrence of triple divorce in one sitting and urged the scholars of religion and muftis to reconsider this issue in the light of today’s objective circumstances. In the May 2005 issue, Maulana Ahmad ur-Rahman (may Allah have mercy on him) pointed out that although the topic of triple divorce has been debated with arguments presented by the Hanafi and Ahl al-Hadith schools of thought, the need is for scholars to try to view this topic as a serious human and social issue. Triple divorce is not a matter of faith that its acceptance or denial entails disbelief or that the door of reflection is closed on it; it is a subsidiary issue. Holding different opinions within the framework of principles in ijtihadi and subsidiary issues is part of the Islamic scholarly tradition. In this context, we believe that inviting reflection on this issue is certainly correct, and a large number of thinkers feel this need.
Regarding triple divorce, two jurisprudential schools come before us. One is the jurisprudential school that considers three divorces in one sitting as an irrevocable divorce, and the other is the one that believes only one divorce occurs in such a case. Besides some Companions (may Allah be pleased with them), Imam Ibn Hazm (may Allah have mercy on him), Imam Ibn Taymiyyah (may Allah have mercy on him), and Imam Ibn Qayyim (may Allah have mercy on him) hold the second view, while the Maliki jurist Qadi Ibn Rushd (may Allah have mercy on him) also leans towards this view. The contemporary Ahl al-Hadith scholars also hold this viewpoint. The purpose of these lines is not to present a definitive opinion on this issue but to invite scholars to express their views on this topic so that they may write with full scholarly seriousness on an important social issue.
In Islam’s social system, the family is the most important institution. Strong marital relations are the foundation of family stability, and the survival of the family system is the cornerstone of social stability. Therefore, Islamic teachings about fundamental and important social issues like marriage and divorce are very balanced and natural.
The original spirit of Islamic rulings on marriage and divorce is that every possible effort should be made to preserve the marriage. Islam, recognizing the natural differences and disputes in human behavior, encourages spouses to adopt a conciliatory approach in case of disagreement. As the Divine command states:

وَ اِنِ امْرَاَةٌ خَافَتْ مِنْ بَعْلِهَا نُشُوزًا اَوْ إِعْرَاضًا فَلَا جُنَاحَ عَلَيْهِمَا أَنْ يُصْلِحَا بَيْنَهُمَا صُلْحًا ؕ وَالصُّلْحُ خَيْرٌ

And if a woman fears ill-treatment or indifference from her husband, there is no sin upon them if they reconcile, and reconciliation is better.
Although the Sharia permits divorce only in extreme necessity, it expresses its dislike by saying أبغض الحلال إلى الله الطلاق. Thus, in Islam’s view, divorce is a medicine allowed as a treatment for a persistent ailment in married life.
Islam has legislated a very wise and expedient method for giving divorce. It is stated that a wife should be given only one divorce at a time during her purity period so that there remains a possibility of reconsideration and revocation of the divorce. This natural method of divorce was practiced during the Prophetic era and the era of the Rightly Guided Caliphs. However, during the era of Caliph Umar (may Allah be pleased with him), when incidents of giving three divorces in one sitting increased, he discouraged this trend by pronouncing three divorces in one sitting, thereby separating the spouses, and also punished the husband with lashes. Caliph Umar’s order was not a definitive ruling but an ijtihadi and administrative order aimed only at discouraging triple divorce in one sitting. Consequently, people abandoned the practice of triple divorce in one sitting due to fear of permanent separation and lashes. Although not all Companions were satisfied with Caliph Umar’s order, the majority accepted it, and later jurists also deemed it obligatory to implement in the interest of society as a whole.
Certainly, in the specific social environment of the early centuries, this was the best solution to the issue. However, since this order is not proven by definitive text, scholars have differed on triple divorce in one sitting in every era. Caliph Umar’s own conduct shows that there is such flexibility in Sharia rulings that in special circumstances of Islamic society, a literal restriction or specification in a Quranic ruling can be made for reform purposes. If later public interest demands returning to the original and definitive Quranic ruling, such return should be even more correct, as Caliph Umar forbade marriage to a Christian woman despite the explicit permission.
In ancient Arab society, remarriage of a man or woman after divorce was never a social problem. This is why the punitive ruling on triple divorce in one sitting did not cause serious problems. However, rapidly changing social values worldwide, the specific lifestyle of Muslims in the Indian subcontinent, and objective circumstances demand reconsideration of this issue. Our situation is that people are unaware of religious necessities. Due to ignorance, they give three divorces at once and later regret it, causing severe problems for the entire family due to the husband’s slight carelessness. On the other hand, those averse to religion criticize Islam’s social system and family laws, making people hostile and suspicious of Islam. In this situation, the interest of the Ummah demands that instead of rigid imitation and confinement within jurisprudential schools, broad-mindedness be employed to reconsider this purely ijtihadi issue, and if any ease and facility for the Ummah is possible, society should not be deprived of it. Accepting a truth only because it supports or opposes a particular school is unscientific behavior.
Many scholars aware of the pulse of the times have previously invited the learned to reflect on this topic, among whom a prominent name is the contemporary renowned researcher and thinker Pir Muhammad Karam Shah Al-Azhari (may Allah have mercy on him). Pir Sahib’s detailed analysis of the arguments of both sides is not repeated here, but as a jurist, his analysis of Caliph Umar’s order regarding the implementation of triple divorce in one sitting in the light of today’s circumstances is presented here for readers’ interest:
When Caliph Umar (may Allah be pleased with him) observed that people, despite knowing the prohibition of triple divorce, were becoming accustomed to it, his wise policy issued a punitive order to forbid this act and allowed the ruler to deprive people of Allah’s granted facilities and permissions as a punishment when he sees that people do not value these facilities and have stopped benefiting from them, thus making life difficult for themselves, so that they desist from this act.
While enforcing this order, Caliph Umar did not say that the Prophet (peace be upon him) had commanded it but said: فلو أمضيناه عليهم “I wish we could enforce it upon them.” These words clearly show it was his opinion and that this punitive step was taken to prevent the Ummah from this forbidden act. The Companions approved this punitive order and issued fatwas accordingly. However, punishments other than hudud change with changing times. If at any time a prescribed punishment causes harm instead of benefit and corruption replaces public interest, then changing that punishment becomes necessary.
The Quran mentions the hadd punishment for an unmarried adulterer as one hundred lashes, but the hadith states: مائة جلدة وتغريب عام “One hundred lashes and one year exile.” When some men were exiled, they became apostates due to contact with disbelievers, and Hanafi scholars said that exile is a discretionary punishment and since it caused apostasy instead of reform, it should be dropped. Who can see the harms caused by retaining Caliph Umar’s punitive order in Islamic society without tears and pain?
People lack knowledge of Sharia rulings. They do not realize how grave a sin it is to give three divorces at once, which is equivalent to تلاعب بكتاب اللہ. They utter it in anger and rage. They realize only when told that with a single utterance they have destroyed their home, and their wife and the mother of their young children is absolutely forbidden to them, and their world becomes dark. This sudden calamity is unbearable for them, and then they approach scholars who, except for a few, innocently show them the door of halala. At that moment, they forget the hadith of their zealous Prophet (peace be upon him):

لعن الله المحلل والمحلل له

May Allah curse the one who performs halala and the one for whom halala is performed.
Listen to another hadith in this regard. The Prophet (peace be upon him) said:

ألا أخبركم بالتيس المستعار؟ قالوا : بلى يارسول الله! قال: هو المحلل، لعن الله المحلل والمحلل له

Shall I inform you about the hired bull? We said: Yes, O Messenger of Allah! He said: It is the one who performs halala. May Allah curse the one who performs halala and the one for whom halala is performed.
If any unfortunate person accepts the solution suggested by these eminent scholars, Islam would cry out at the cruelty of its benefactors, and the religion would call out from beneath the Green Dome where the Prophet (peace be upon him) resides.
Now the situation is worsening day by day. When some people do not accept this un-Islamic and inhuman solution and cannot bear the desolation of their sanctuary, they become distressed and desperate and knock on every door. At this time, false and misguided sects extend their iron claws towards them and trap them in their schemes. The wife is found, but the wealth of faith is lost. These are eyewitness accounts of families turning into Mirzai and Rafidi sects. When the situation becomes so severe, when this punishment incites shamelessness and even opens the door to apostasy, is it not the duty of the scholars of Islam to open the doors of mercy upon the Ummah of Mustafa (peace be upon him)? (Invitation to reflection and consideration)
After objectively studying the circumstances, Pir Sahib has invited the scholars to reflect on this topic with heartfelt concern, which deserves serious attention and demands that scholars, after reflection, adopt a consensus position on this issue that considers ease and facility for the Ummah. Some Hanafi scholars, notably the well-known Deobandi scholar Maulana Saeed Ahmad Akbarabadi (may Allah have mercy on him), have openly expressed their research conclusions that regarding triple divorce in one sitting, it is better to follow the practice of the Prophetic and Rightly Guided Caliph eras. The renowned scholar and thinker of the subcontinent, Maulana Wahiduddin Khan, has presented a very useful proposal regarding triple divorce, which deserves special attention from scholars and decision-makers.
In any case, setting aside technical and detailed scholarly discussions on this topic, if viewed in light of the needs of the times, the demands of circumstances, and rapidly changing social values and problems in this era of globalization, the main point to consider is: what practical solution can be offered for this issue? Are we in a position to successfully introduce any amendment in the prevailing family laws that discourages triple divorce in one sitting? And is it not easier and better for us to return to the original ruling of Sharia? What is that original ruling? It is that three divorces in one sitting constitute one revocable divorce, in which the husband can reconcile with the wife during the waiting period and after the waiting period can remarry her without any halala. (Monthly Al-Sharia Gujranwala, June 2005)

Dr. Rizwan Ali Nadvi (Karachi):

Respected Maulana Zahid Al-Rashidi Sahib
Assalamu Alaikum wa Rahmatullahi wa Barakatuhu!
Today, unexpectedly after many years, I received the June issue of the monthly “Al-Sharia” by mail.
Regarding the issue of triple talaq, mere invitation to reflection will no longer suffice; rather, it is necessary to declare it invalid and implement the Quranic and Sunnah-based divorce. Our Shariah Court should make a clear decision on this matter. Salman Hussaini Sahib and the late Maulana Peer Karam Shah Al-Azhari (may Allah have mercy on him) both raised their voices against triple talaq in one sitting because both of these gentlemen studied in Arab countries. At the time when I was a full professor at the College of Social Sciences, Imam Muhammad bin Saud Islamic University, Salman Sahib was an MA student in the College of Da’wah where most of the teachers were Egyptian. And the late Peer Karam Shah (may Allah have mercy on him) was a graduate of Al-Azhar University. Reading the well-reasoned opinion of this late scholar of the Barelvi school of thought against triple talaq gave me great pleasure. Now my connection with Arab countries is severed, but I remember that in Egypt and Syria, it has long been declared in a council that triple talaq is not valid. My teachers at the College of Sharia, University of Damascus, were Syrian and Egyptian, so I recall that this issue no longer remains there.
Our scholars here have closed their eyes to the circumstances and have sworn to rigidity (remaining confined in their own shell). The incidents pointed out by Peer Karam Shah Sahib (may Allah have mercy on him) regarding people becoming Qadiani and Christian due to triple talaq are a great lesson for all scholars of religion. These scholars talk a lot about the Quran and Hadith and often invoke them, but in this matter, they forget the Quran and Hadith. It is absolutely correct that Hazrat Umar (may Allah be pleased with him) had enforced triple talaq as a disciplinary punishment. Now what is it that prevents us from following the Quranic command of الطَّلَاقُ مَرَّتَانِ?

Dr. Mufti Ghulam Sarwar Qadri :.

Dr. Mufti Ghulam Sarwar Qadri is a distinguished scholar and author of the Barelvi school of thought, and he has written numerous books. One of his books is titled “The Islamic Ruling on Divorce Given in Extreme Anger.” The subject of the book is clear from the title. In it, he rightly affirms the issue that a divorce given in a state of extreme anger, when the mind and senses are disturbed, does not take effect.

However, the book also incidentally discusses the issue of triple divorce given at one time. Although he does not explicitly state his position in clear words on whether it counts as one divorce or three, the way he presents it suggests that he leans towards the occurrence of only one divorce. Furthermore, he places special emphasis on the fact that the public may act upon the fatwa of any scholar, which is permissible and convenient for them. He appeals to scholars and muftis not to blame such a person but to allow them to act upon the fatwa and not to label them as sinful or adulterous.

Since all this discussion is particularly related to our topic of triple talaq, we are quoting selected passages from this book, with page numbers provided so that everyone can verify that no meaning has been derived out of context in this summary. Now, please observe the excerpts from the respected author’s book on the following pages. (Salahuddin Yusuf)

Issue of Triple Talaq :.

Question :.

Does saying triple talaq together result in a divorce or not? If it does, is it revocable or are all three counted as one, which is called Talaq-e-Mughallazah?

Answer :.

There are four opinions among the jurists on this matter:

➊ The first opinion is that if someone gives his wife three divorces together, they become null and void, and not even one divorce will be counted. This is the view of some of the Tabi‘in, may Allah have mercy on them, Imam Ibn ‘Ulayyah, may Allah have mercy on him, Imam Hisham ibn Hakim, may Allah have mercy on him, Imam Abu Ubaidah, may Allah have mercy on him, and some scholars of Ahl al-Zahir. This is also the stance of the Rawafid (Shi‘ah).

➋ The second opinion is that three divorces will be effected by this. This is the opinion of Hazrat Abdullah ibn Amr, may Allah be pleased with him, Ibn Abbas, may Allah be pleased with them both, and Aisha Siddiqah, may Allah be pleased with her. There is also a narration from Hazrat Ali, may Allah be pleased with him, and this is the opinion of the four Imams, may Allah have mercy on them, the majority of the Salaf and Khalaf, and the majority of the Sahabah and Tabi‘in, may Allah be pleased with them.

➌ The third opinion is that one revocable divorce will be effected, meaning the husband can reconcile during the ‘iddah period. This is the position of the Zaidiyyah Shi‘ah and is also narrated from Sayyiduna Ali al-Murtadha, may Allah be pleased with him, and Sayyiduna Abdullah ibn Abbas, may Allah be pleased with them both. This is also narrated from Imam al-Hadi, may Allah have mercy on him, Imam Qasim, may Allah have mercy on him, Imam Ja‘far al-Sadiq, may Allah have mercy on him, and Imam al-Baqir, may Allah have mercy on him.

Imam Hafiz Ibn Taymiyyah, may Allah have mercy on him, Imam Shawkani, may Allah have mercy on him, Allama Siddiq Hasan Kanouji, may Allah have mercy on him, and some righteous students of Imam Malik, may Allah have mercy on him, also hold this view, which Imam Talmasani, may Allah have mercy on him, explained in Sharh Tafreeh Ibn al-Jallab. Imam Ibn Taymiyyah, may Allah have mercy on him, also reported that some students of Imam Ahmad ibn Hanbal, may Allah have mercy on him, held this madhhab, and he wrote that his ancestors sometimes issued fatwas on this basis. In Nayl al-Awtar it is written that Imam Ibn Mughith, may Allah have mercy on him, in his book al-Watha’iq, also reported this opinion of Imam Muhammad ibn Waddah, may Allah have mercy on him, and a group of scholars of Cordoba such as Imam Ghannawi, may Allah have mercy on him, Imam Ahmad ibn Yahya, may Allah have mercy on him, and Imam Muhammad ibn Abd al-Salam, may Allah have mercy on him, also held this view. It is also stated that Hazrat Ali al-Murtadha, may Allah be pleased with him, Hazrat Abdullah ibn Mas‘ud, may Allah be pleased with him, Hazrat Abdur-Rahman ibn Awf, may Allah be pleased with him, and Hazrat Zubair, may Allah be pleased with him, held this opinion. Imam Ibn Mundhir, may Allah have mercy on him, also reported this view from students of Abdullah ibn Abbas, may Allah be pleased with them both, such as Hazrat Ata, may Allah have mercy on him, Hazrat Tawus, may Allah have mercy on him, and Hazrat Amr ibn Dinar, may Allah have mercy on him. As Sahib Bahr has reported, this opinion was also narrated from Hazrat Abu Musa al-Ash‘ari, may Allah be pleased with him, and a narration from Hazrat Ali, may Allah be pleased with him, and Ibn Abbas, may Allah be pleased with them both.

Although we will not present the arguments of these various scholars and jurists holding different opinions, one of the evidences cited by those who consider the three divorces as one is the hadith of Hazrat Rukana, may Allah be pleased with him, which has been narrated by various muhaddithin with their chains of transmission. Imam Abu Ya‘la al-Mawsili, may Allah have mercy on him, and Imam Ahmad ibn Hanbal, may Allah have mercy on him, also narrated it in their Musnads. The wording is as follows: Hazrat Rukana, may Allah be pleased with him, gave his wife three divorces in one sitting. Later, he became very distressed, so the Prophet, peace and blessings be upon him, asked him how he had divorced his wife. He replied: طَلَّقْتُهَا ثَلَاثًا “I have given her three divorces.” The Prophet, peace and blessings be upon him, asked: فِي مَجْلِسٍ وَاحِدٍ؟ “All in one sitting?” He replied: Yes. He said: فإنما تلك واحدة فارجعها “This is one divorce; if you wish, you may reconcile.”

On the other hand, arguments are also presented for the opposite view.

➍ The fourth opinion distinguishes between consummated and non-consummated marriage. One opinion is that if the marriage is consummated, three divorces will be effected, and if it is not consummated, giving three divorces at once will count as only one divorce. This is the opinion of Hazrat Abdullah ibn Abbas, may Allah be pleased with them both, and Imam Ishaq ibn Rahwayh, may Allah have mercy on him, which Imam Muhammad ibn Nasr, may Allah have mercy on him, reported from them. (انحلال الزواج فى الفقه والقانون للدكتورعبدالله يوسف مصطفى عزام ، ص: 60)

The Deadly Consequences of Jurisprudential Violence:

There is no place for jurisprudential violence or imitative fighting and quarrels in Islam, but among the scholars and public of India and Pakistan, this violence is so prevalent that it is regrettable to see it. This violence among the public has arisen due to the jurisprudential bias of the scholars. I present an example of this. It is that near Muzaffargarh, beyond Multan, in a village, a man in a fight and severe anger gave his wife three divorces. When his anger subsided, he became remorseful and distressed. The wife was crying, the children were sad and worried in their place. He went to the learned scholars and grand muftis; all said: the marriage is broken, your wife is forbidden to you, now halala is necessary. By chance, he went to an Ahl-e-Hadith scholar, who issued a fatwa that only one divorce had occurred; go and reconcile with your wife. He came back, reconciled with his wife, and settled the household. But when the village imam found out, he opened the mosque speaker and announced that so-and-so had given three divorces and was living with his wife; he is openly committing a major sin, committing adultery, and it is obligatory on the whole village to socially boycott him, otherwise all will be sinners. The villagers completely boycotted him; he became so distressed that he was about to go mad. Someone sent him to me. I told him that you have a fatwa and you are acting upon it, so you are not sinful; you have fulfilled the requirements of Shariah. Those who are boycotting you are in error. He begged me and took me there. I explained to the mosque imam that this issue is one on which scholars differ; it is not permissible to inflict such violence on him; leave him to his condition and end the social boycott. The imam said that now you explain this to the public. Accordingly, the public was gathered on the speaker, I gave a speech there and explained to the public that if in any issue ninety-nine percent of mujtahids are on one side and one Muslim jurist and mujtahid is on the other, then both opinions are Shariah. If anyone from the public acts on either opinion, he will be saved.

Advice to the Government:

It should be made a law that no person should give divorce without witnesses, and if they do, it will not be valid. There is room for legislation in this because in matters where there is a difference of opinion among the jurists, the government can enact any opinion as law for the benefit of the public. The advantage of this will be that the rampant practice of giving divorce will stop among the people, and the daily troubles of women will also end.

Sheikh al-Islam Imam Izz al-Din ibn Abd al-Salam, may Allah have mercy on him, writes in his fatwas:

و للعامي أن يقلد فى كل مسألة من شاء من الأئمة ولا يتعين عليه إذا قلد إماما فى مسألة أن يقلده فى سائر مسائل الخلاف لأن الناس من لدن الصحابة رضي الله عنهم، إلى أن ظهرت المذاهب يسألون فيما ينزل لهم العلماء المختلفين من غير نكير من أحد، وسواء اتبع الرخص فى ذلك أو العزائم لأن من جعل المصيب واحدا لم يعينه ومن جعل كل مجتهد مصيبا فلا إنكار على من قلد الصواب

That is, the public is permitted to follow the opinion of any of the Imams in every matter. When they follow the opinion of one Imam in a particular issue, it is not necessary for them to follow the same Imam’s opinion in other differing issues because from the time of the Companions, may Allah be pleased with them, until the emergence of the madhhab of the Mujtahid Imams, whenever they faced an issue, they would ask various scholars without objection and act accordingly. They are permitted in this regard to follow either concessions or strict rulings because the one who considers the hardship in case of difference to be the same does not designate any one as the specific hardship, and the one who considers every opinion to be hardship has no objection to those who act upon what is correct.

And Allama Muhammad Amin, may Allah have mercy on him, writes in Fatawa Shami:

ليس على الإنسان التزام مذهب معين

It is not obligatory for a person to follow only one (jurisprudential) school.

Following the Quran and Sunnah:

Allama Shami, may Allah have mercy on him, states that if a religious scholar who understands the meanings of the texts and expressions of the Quran and Sunnah and possesses insight and wisdom, then he can act upon the Quran and Sunnah in any matter, even if it goes against his own jurisprudential school.

The common people have no specific school:

It is remembered that our scholars say that the common people do not follow anyone blindly; their religion is neither Hanafi, nor Shafi’i, nor Maliki, nor Hanbali. Their religion is the same as that of their Mufti. Here, in India, Pakistan, and even Bangladesh, since the scholars are Hanafi and they are the Muftis, their people also follow Hanafi jurisprudence according to their fatwas. In the Arab lands, where the scholars are Shafi’i, the people also follow Shafi’i jurisprudence, and where the scholars are Hanbali or Maliki, the people follow Hanbali or Maliki jurisprudence according to their fatwas. Otherwise, in reality, the common people do not have any religion themselves because they have no knowledge nor do they conduct research. Hence, Allama Shami (may Allah have mercy on him) writes:

لو التزم مذهبا معينا كأبي حنيفة والشافعي فقيل: يلزمه وقيل : لا ، وهو الأصح، وقد شاع أن العامي لا مذهب له

If a common person starts following a particular school of thought, such as that of Imam Abu Hanifa (may Allah have mercy on him) or Imam Shafi’i (may Allah have mercy on him), one opinion is that it is necessary for him to always follow that school, and another opinion is that it is not necessary, and this latter opinion is the most correct. It is a common understanding among scholars that a common person does not have a fixed school of thought.

Therefore, scholars should give fatwas to the needy and helpless people in the light of Shariah that benefit them, regardless of which Imam’s opinion it is according to. As mentioned in the Hadith, when the Holy Prophet (peace be upon him) sent Hazrat Abu Musa Ash’ari (may Allah be pleased with him) and Hazrat Mu’adh bin Jabal (may Allah be pleased with him) to Yemen, he advised them:

يسرا ولا تعسرا وبشرا ولا تنفرا

Make things easy for the people, do not make things difficult, and give glad tidings, do not cause hatred.

Allama Shami (may Allah have mercy on him) writes that if a common person takes fatwas from two scholars and both fatwas differ from each other, for example: one scholar gives a fatwa that something is permissible, and the other says it is impermissible, or one says it is halal and the other says it is haram, then the common person is permitted to follow whichever fatwa he wishes.

SubhanAllah, how easy the religion is! How fortunate we are that Allah has given us such a religion which is the easiest religion, in which the juristic differences of the scholars have become a mercy for the Ummah. This benefits the common people so that in matters where scholars differ, they may follow whichever opinion they wish.

Benefit for the Public:.

Undoubtedly, the public is permitted to benefit from the differences among scholars by following the opinion in the matter where their need is fulfilled and compulsion is removed.

Instructions for Scholars:.

Imam Abdul Ghani Nablusi, may Allah have mercy on him, who is the Sheikh of All Sheikhs of Allama Shami, may Allah have mercy on him, states in Al-Hadiqah Al-Nadiyah Sharh Al-Tariqah Al-Muhammadiyah, which translates as follows:
A perfect scholar and a knowledgeable saint is one who observes Allah’s commands and prohibitions and safeguards the divine limits and rulings, who knows the commands and prohibitions of the Muhammadan Shariah and acts upon them, and who is aware of or capable of understanding the consensus or differences among the four jurists of the Ummah, other jurists, all the Companions, the Followers, and those after them regarding various issues. No objection should be raised against any action of such a wali (a knowledgeable and practicing saint) because it is possible that he is following a jurisprudential school that, in his view, fulfills all conditions and he is adhering to it, which the objector may not be aware of.

Allama Imam Abdul Ghani Nablusi, may Allah have mercy on him, mentions Sheikh Akbar Muhyiddin Ibn Arabi, may Allah have mercy on him, stating that he wrote in his book Sharh Wasiyyat Yusafiyah that he saw the Messenger of Allah, peace be upon him, in a dream and asked him: O Messenger of Allah! What is your noble opinion about a woman who has been given three divorces in one sitting? The Prophet, peace be upon him, replied: They are three indeed, whereas Allah Almighty says that after that she is not lawful for him until she marries another husband. I said that a group of apparent scholars say that it will be considered as one divorce. The Prophet, peace be upon him, said:

هؤلاء حكموا بما وصل إليهم وأصابوا

These scholars have judged according to the evidence that reached them, and they have spoken correctly.

From this, it is understood that the differences found in jurisprudential issues are based on legitimate Shariah evidences, and what the scholars say based on these evidences is correct. No one should be called wrong; wrong is that which differs from the people of truth in matters of belief. In Fatawa Dar Mukhtar, it is stated that in case of jurisprudential disagreement, we say that we are on the right path and it is possible that we are mistaken, while the one who differs with us is mistaken and it is possible that he is right.

And that even if one errs in a jurisprudential issue, there is a reward for it. Therefore, we should avoid jurisprudential severity and adopt the stance that Allama Shami, may Allah have mercy on him, states:

من قلد عالما لقي الله سالما

Whoever follows a scholar will meet Allah with safety.

The Broad-mindedness of the Mujtahideen :.

Imam Abdul Wahhab Sharani, may Allah have mercy on him, states that one who follows the jurisprudential school of a single Mujtahid should know this fact:

إن صاحب هذا المقام لم يقل بإلزام الضعيف بالعزيمة بل جوز له الخروج من مذهبه إلى الرحصة التى قال بها غيره

Undoubtedly, the Mujtahid who has attained the rank of Ijtihad did not tell a weak person, who is unable to follow his jurisprudential stance on a particular issue, that he must always adhere to his position. Rather, this Imam has permitted him to abandon his school in that matter and follow the concession given by another Imam.
Alhamdulillah! It has become clear that the Imams of the Mujtahideen, may Allah have mercy on them, were broad-minded. They did not possess the jurisprudential bigotry that is found among their followers. The followers, too, should demonstrate broad-mindedness like their Imams and tell the public that they may follow the opinions of other Imams as needed, while it was previously stated that the public has no fixed jurisprudential school.

Guidance from the Saying of Imam Abu Hanifa, may Allah have mercy on him :.

Sayyidi Imam Abdul Wahab Sharani, may Allah have mercy on him, narrates the statement of Imam Azam Abu Hanifa, may Allah have mercy on him, who said:

ما جاء عن رسول الله صلى الله عليه وسلم ، بأبي هو وأمي، فعلى الرأس والعين، وما جاء عن أصحابه تخيرنا، وماجاء عن غيرهم فهم رجال، ونحن رجال

Whatever information reached us from the Messenger of Allah, peace be upon him, my parents be sacrificed for him, he is above all; and whatever different sayings reached us from the companions of the Prophet, may Allah be pleased with them, we will select from among them; and whatever different sayings we find from later people, they are also men and we are also men, meaning we can differ from them.

After this, Imam Sharani, may Allah have mercy on him, writes:

ففي ذلك إشارة إلى أن للعبد أن يختار من المذاهب من غير وجوب ذلك عليه إن كان من أهل ذلك المقام

This indicates that it is permissible for a person to choose whichever jurisprudential school he likes; it is not obligatory to follow the opinion of any particular Imam if he is capable of adopting any opinion based on evidence.
Imam Sharani, may Allah have mercy on him, then writes:

إن الأئمة كلهم فى الحق سواء، فليس مذهب أولى بالشريعة من مذهب

All the Imams are equal in being right; no school is closer to the Shariah than another.
In summary, the scholars of religion, keeping in mind the difficulties of the common people, should present to them the ruling in the light of Shariah that is easy for them; they should not present a ruling that causes unbearable hardship. And if to relieve their hardship it becomes necessary to issue a fatwa based on the opinion of another Imam, then it should be done, just as regarding the missing news (mafqud al-khabar), we issue a fatwa based on the opinion of Imam Malik, may Allah have mercy on him, that all the Imams are right and all are correct, and all their opinions are exactly Shariah.

Compiled by:

It is clear from the aforementioned statement of Mufti Sahib that he is advising those scholars who criticize and condemn those who, after taking a fatwa from Ahl al-Hadith scholars regarding the three divorces in one sitting, retract their decision. If only those scholars could follow Mufti Sahib’s advice. (Salahuddin Yusuf)
Na’oo

The unanimous position of the four schools of thought is that three divorces, as an emphasis, count as one divorce:

In all four schools of thought (Hanafi, Hanbali, Shafi’i, and Maliki), there is also a perspective that even if the word divorce is repeated three times, it can still be counted as one divorce, although all these jurists agree that three divorces given at one time are counted as three divorces.
What is that allowance and how is it? It is such that sometimes the word divorce is repeated merely for emphasis, for example, when a man says: “I divorce you, divorce you, divorce you,” or “I divorce you, I divorce you, I divorce you.” But while saying this, his intention is not to give three divorces but only to give one divorce, and he repeats the word divorce only for emphasis. Often, people’s intention is indeed only to give one divorce. In such a case, the mentioned jurists also agree to count it as only one divorce.
Accordingly, the author of the book “Al-Fiqh ‘ala al-Madhahib al-Arba’ah” explicitly states the Maliki school’s position.

Fatwa of the Maliki School:

الصورة الأولى أن يقول لها : أنت طالق، طالق، طالق، بدون عطف وتعليق، وحكم هذه الصورة أنه يقع بها واحدة إذا نوى بالثانية والثالثة التأكيد

If he says: I divorce you, divorce you, divorce you, without conjunction or suspension, then in this case there will be only one divorce, when his intention is to emphasize the second and third divorce.

Hanbali Fiqh Verdict:

In the Hanbali school book “Al-Mughni,” Allama Ibn Qudamah Hanbali, may Allah have mercy on him, writes:

فإن قال : أنت طالق ، طالق، طالق، وقال أردت التوكيد قبل منه، لأن الكلام يكرر للتوكيد كقوله عليه السلام : فنكاحها باطل، باطل، باطل، وإن قصد الإيقاع وكرر الطلقات طلقت ثلاثا ، وإن لم ينو شيئا لم يقع إلا واحدة

If he says: You are divorced, divorced, divorced, and says that he intended emphasis, then this will be accepted, because speech is repeated for emphasis as the Prophet, peace be upon him, said: So his marriage is invalid, invalid, invalid. And if he intended to effect the divorce and repeated the divorces, then there will be three divorces, and if no intention was made, then only one will take place.

Shafi’i Fiqh Verdict:

In the Shafi’i school book “Rawdat al-Talibin,” Imam Nawawi, may Allah have mercy on him, writes:

ولو كرر اللفظة ثلاثا وأراد بالآخرتين تأكيد الأولى لم يقع إلا واحدة

And if he repeated the word three times and intended the emphasis of the first by the last two, then only one occurrence will be counted.

Fatwa of Hanafi Fiqh:

In the Hanafi school book “Bahishti Zewar,” Maulana Ashraf Ali Thanwi, may Allah have mercy on him, writes:
If someone says three times: “I divorce you, divorce you, divorce you.” All three divorces are counted, or if said in roundabout words three times, still three divorces are counted. But if the intention is only one divorce, and the three times are said just for emphasis to make the matter firm, then only one divorce has occurred. However, the state of the woman’s heart is not known, so it is better to consider that three divorces have been given.

Maulana Mujeebullah Nadwi, may Allah have mercy on him:

Maulana Mujeebullah Nadvi, may Allah have mercy on him (India), is also very strict in his adherence to the Hanafi position regarding the issue of triple talaq. However, in his book Islamic Fiqh, he writes:
However, if someone says in such a way, “You are divorced, divorced, divorced,” and his intention was not to give three divorces but only to emphasize, then only one revocable divorce will be counted.

Mufti Mahdi Hasan Saabi (Former President of Mufti Darul Uloom Deoband):

He writes in his book “Iqamat al-Qiyamah”: If a woman is in the state of consummation and the intention was to give only one divorce, but the word “divorce” was repeated three times and the second and third divorces were used as emphasis, then sincerely, his statement will be considered valid and it will be a single revocable divorce; there is no disagreement on this.

Allama Ibn Hazm, may Allah have mercy on him, writes in Al-Muhalla:

فلو قال لموطوءة : أنت طالق ، أنت طالق، أنت طالق، فإن نوى التكرير لكلمته الأولى وإعلامها فهي واحدة وكذلك إن لم ينو بتكراره شيئا

If someone says to a consummated woman: “You are divorced, you are divorced, you are divorced,” then if by this repetition his intention is only to emphasize the first divorce and to inform her, then it is a single divorce, and similarly, at that time it will also be a single divorce if there is no intention at all behind this repetition.

Maulana Khalid Saifullah Rahmani, may Allah have mercy on him:

Regarding the repetition of the word divorce three times for emphasis, Maulana Khalid Saifullah Rahmani (may Allah have mercy on him) has established the topic of the validity of emphasis in triple divorce and has shed some light on it in detail. He writes:
Three divorces will also occur in one sitting… but this ruling applies when the number three is explicitly mentioned, for example: it is said, “I have given three divorces.” If only the word divorce is said three times, like “You are divorced, divorced, divorced,” then two possibilities arise. One is that the intention is to give three divorces, or that the intention is to give only one divorce and the word divorce is repeated three times for emphasis. In the first case, three divorces will occur, and in the second case, only one, because emphasis confirms the occurrence of something but does not increase its number.
Thus, this matter depends on the intention of the one giving the divorce, but there is a strong likelihood that people use such phrases with the intention of three divorces and later, to avoid separation from the wife, claim that the intention was emphasis. Therefore, the jurists have said that in such phrases, in good faith and في ما بينه وبين الله, only one divorce will occur. Even if someone, after giving divorce in this manner, reconciles with his wife, then, God willing, he will not be committing any sin.
However, in our times, due to ignorance, unfamiliarity, and distance from Shariah teachings, the situation has arisen that people believe that divorce only takes effect when the word divorce is said three times. In such circumstances, it would be appropriate that where only the word “divorce” is repeated and the meaning of emphasis can be inferred, only one divorce should be considered to have occurred, and the person’s intention should also be taken into account in judgment. It is pleasing that Darul Uloom Deoband’s Darul Ifta has taken the lead in this matter and has started to show leniency in its fatwas. Accordingly, consider a fatwa of Darul Uloom Deoband on this issue.

Question :

What do the scholars of religion say regarding the issue where Zaid divorced his wife by saying “You are divorced, divorced, divorced”? In this case, which type of divorce will be considered valid and will there be any possibility of reconciliation?

Answer :

In the mentioned case, according to the custom of our region, a revocable divorce (Talaq Raj’i) has occurred on Zaid’s married wife. If the custom in your area is the same, then the ruling will be that one revocable divorce has taken place.
The ruling of revocable divorce is that reconciliation is permissible during the waiting period (‘iddah), and after the waiting period, remarriage without the need for halala is allowed.

It is necessary that other Darul Ifta and scholars of the country also issue fatwas accordingly, because almost the entire country’s custom is that due to ignorance, people believe that unless the word “divorce” is pronounced three times, the divorce does not take effect.

Compiled by :

A similar situation, in our opinion, is that people, due to ignorance of Shariah rulings, give divorce by saying the number three, but later when they become aware, they say that they thought that without using the words of divorce three times, the divorce does not take effect.
This situation should also be viewed with sympathy, and the three divorces of such a person should also be interpreted as emphasis, and the ruling of one divorce taking effect should be applied.

Divorce Law in Muslim Countries:.

The laws enacted by Muslim countries regarding the triple talaq have no status as Shariah evidence, and therefore these laws cannot be presented as proof. However, it would not be without interest to know which countries have taken measures in this regard. For this purpose, that is, for informational purposes, the details are presented here.
First of all, Egypt abolished the principle of triple talaq at one time in 1929 and enacted a law that multiple divorces would be counted as only one divorce and that it would be revocable. Pir Karam Shah Azahari has also presented a brief detail of this Egyptian law in his mentioned book and has urged the Hanafi scholars of Pakistan to adopt the same school of thought. Similar laws were enacted by Sudan in 1935, Jordan in 1951, Syria in 1953, Morocco in 1958, Iraq in 1959, and Pakistan in 1961.

The Conduct of Maulana Ashraf Ali Thanvi (May Allah Have Mercy on Him) (An Invitation for Scholars of the Hanafi School to Reflect)

About 75 years ago (in 1351 AH), Maulana Ashraf Ali Thanvi, may Allah have mercy on him, authored a book titled “Al-Hilah An-Najizah fi Al-Hilalah Al-Aajizah” (A Successful Stratagem or Tactic for a Married Woman Facing Difficulties). In it, solutions were presented for the problems of the following types of women:
◈ The wife of an impotent man
◈ The wife of a mentally ill man
◈ The wife of a stubborn (non-maintenance paying) husband
◈ The wife of a missing husband (absent without news).
The reason for presenting these solutions was that in Hanafi jurisprudence, there is no method to resolve the difficulties of these women, i.e., to obtain separation from their husbands. This fact has also been acknowledged by Maulana Taqi Usmani in the preface of the new edition of this book. He writes:
Women who did not adopt the method of delegated divorce at the time of marriage, if later under severe compulsion wish to obtain separation from their husbands, for example: if the husband is so cruel that he neither provides maintenance nor supports her, or if he becomes insane, or goes missing, or is impotent and is unwilling to grant divorce or khula on his own, then in the original Hanafi school there are severe difficulties for such women, especially in places where there is no judge to make decisions according to Shariah. For such women, in the original Hanafi school, there is no way to obtain release from the husband.

Maulana Ashraf Ali Thanvi, may Allah have mercy on him, deviated from Hanafi jurisprudence in most of these issues and issued fatwas according to the Maliki school, and on this basis, he taught these women how to obtain separation (release) from their husbands. The details can be seen in the mentioned book. Furthermore, all the senior Hanafi scholars of that time also accepted Maulana Thanvi’s fatwas, whose endorsements are also present in this book. None issued a fatwa declaring his rulings as a departure from Hanafi jurisprudence because Maulana Thanvi explicitly stated in the book that in cases of dire necessity, the Hanafi jurists themselves permit following another school of thought. It is due to this permission that these facilities are being granted to women which are not present in Hanafi jurisprudence.
The purpose of presenting this example here is to highlight that enforcing triple talaq at once, thereby instantly deciding separation between husband and wife, is also an issue that causes numerous complications and social problems, some details of which have been discussed in previous articles. To solve this, it is necessary that the present Hanafi scholars take action like Maulana Thanvi so that the Muslim woman is protected from the pains and sufferings caused by the issue of triple talaq. The solution is that the triple talaq under discussion should be considered as a single revocable divorce, which is fully supported by Shariah, as has been clarified through previous discussions and arguments.