Source: Fatāwā Muḥammadiyyah, Vol. 1, p. 780
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
The commonly repeated claim that the entire Ummah has reached consensus (ijmaʿ) on the occurrence and irrevocability (mughallaẓah) of three divorces issued in one sitting is factually incorrect and unsupported by reliable evidence.
In truth, no consensus ever existed that three divorces issued at once would all take effect as three.
During the Prophetic era, the Caliphate of Abū Bakr رضي الله عنه, and the first two to three years of ʿUmar ibn al-Khaṭṭāb رضي الله عنه’s rule, the established ruling was that three divorces given together counted as one.
Later, due to people’s misuse of the concession, ʿUmar رضي الله عنه enforced a disciplinary policy — not a change in divine law — by treating triple divorces as binding. Even then, the Companions differed in their rulings, considering the circumstances of the divorcer.
Many Companions viewed three divorces in one sitting as one revocable divorce (ṭalāq rajʿiyyah), including:
Two opinions are attributed to Imām Abū Ḥanīfah on this matter.
According to Imām Muḥammad ibn Muqātil ar-Rāzī (Ḥanafī):
“One of Imām Abū Ḥanīfah’s two opinions is that three divorces issued at once constitute one revocable divorce.”
Imām Mālik also has two opinions recorded on this issue.
Mawlānā ʿAbd al-Ḥayy al-Lakhnawī wrote:
“One of Imām Mālik’s opinions is that if a man issues three divorces together, only one revocable divorce takes place. This view was held by several Companions and later scholars such as Dāwūd aẓ-Ẓāhirī, Ibn Taymiyyah, and Ibn al-Qayyim.”
(Ighāthat al-Lahfān, p. 157)
Hence, even among the four imams, differences existed, disproving any absolute ijmaʿ.
The Imām of Ḥadīth, Muḥammad ibn Ismāʿīl al-Bukhārī, titled a chapter in his Ṣaḥīḥ:
“Chapter: Those Who Allowed the Validity of Three Divorces”
Implying the issue was disputed.
Ḥāfiẓ Ibn Ḥajar explained:
“This title indicates that some of the early scholars did not consider three divorces valid in one sitting.”
(Fatḥ al-Bārī, Vol. 9, p. 362)
He further quoted Ibn al-Mughīth, who documented the opinion of ʿAlī, Ibn Masʿūd, ʿAbd ar-Raḥmān ibn ʿAwf, az-Zubayr, and others that three divorces at once equal one.
In Sharḥ Maʿānī al-Āthār, Imām aṭ-Ṭaḥāwī wrote:
“A group of scholars held that when a man divorces his wife three times together in a lawful period (ṭuhr), only one divorce occurs.”
(Vol. 2, p. 31)
Imām aṭ-Ṭaḥāwī lived long before Ibn Taymiyyah, showing that this view existed independently and was held by a considerable group (qawm) of scholars.
In his Tafsīr, Imām al-Qurṭubī wrote under a separate section:
“After agreeing that such a man has indeed divorced, the scholars differed on the consequence.
ʿAlī, Ibn Masʿūd, Ibn ʿAbbās, az-Zubayr, and ʿAbd ar-Raḥmān ibn ʿAwf held that only one divorce occurs.
Several Andalusian jurists, such as Ibn ʿAbd as-Salām, Ibn Zunbāʿ, and Muḥammad ibn Taqī, also gave the same ruling.”
(Tafsīr al-Qurṭubī, Vol. 2)
In his Tafsīr al-Kabīr, under the explanation of “الطلاق مرتان”, Imām ar-Rāzī wrote:
“Many scholars chose the view that if a man pronounces two or three divorces at once, only one takes effect.
This view is most consistent with reasoning, for the act prohibited by the Sharīʿah cannot be validated through sin.”
He concluded that this was the stronger and more rational position.
He stated:
“Ṭāwūs, Muḥammad ibn Isḥāq, al-Ḥajjāj ibn Arṭāh, an-Nakhaʿī, Ibn Muqātil, and the Ẓāhirīs held that if a man gives three divorces at once, only one counts.”
(ʿUmdat al-Qārī)
Imām Muḥammad ibn ʿAlī ash-Shawkānī wrote:
“A group of scholars maintained that divorce does not multiply upon itself; three divorces issued at once count as one.
This opinion is attributed to Abū Mūsā al-Ashʿarī, ʿAlī, Ibn ʿAbbās, Ṭāwūs, ʿAṭāʾ, Jābir ibn Zayd, al-Qāsim, al-Bāqir, an-Nāṣir, and many others — including later scholars like Ibn Taymiyyah and Ibn al-Qayyim.”
(Nayl al-Awṭār, Vol. 6, p. 231)
The alleged ijmaʿ (consensus) on the irrevocability of triple divorce in one sitting is unfounded.
Historical, textual, and juristic evidence clearly demonstrates that:
✿ The claim of consensus is baseless.
✿ Leading Companions, jurists, and mufassirīn differed on this matter.
✿ No era — not even during the rightly guided Caliphs — witnessed an undisputed consensus on this issue.
Thus, declaring the opposing view as “invalid” or “against ijmaʿ” is inaccurate and unjustified.
عَنِ ابْنِ عَبَّاسٍ قَالَ:
“During the lifetime of the Messenger of Allah ﷺ, the time of Abū Bakr رضي الله عنه, and the first two years of ʿUmar رضي الله عنه’s Caliphate, triple divorce was counted as one. But then ʿUmar said: ‘People have become hasty in a matter of patience; so we shall enforce it upon them.’ Thus he enforced it.”
(Ṣaḥīḥ Muslim, Vol. 1, p. 477; Musnad Aḥmad, Vol. 4, p. 314)
This authentic ḥadīth is decisive proof that in the Prophetic and early caliphal periods, triple divorce in one sitting counted as one revocable divorce.
عَنِ ابْنِ عَبَّاسٍ قَالَ:
“Rukānah ibn ʿAbd Yazīd divorced his wife three times in one sitting. The Prophet ﷺ asked, ‘How did you divorce her?’ He replied, ‘Three times.’ The Prophet ﷺ said, ‘In one sitting?’ He said, ‘Yes.’ The Prophet ﷺ said, ‘Then that counts as one; take her back if you wish.’ So he took her back.”
(Musnad Aḥmad; al-Bayhaqī; Abū Yaʿlā; Ibn al-Qayyim, Ighāthat al-Lahfān, p. 158)
Imām Aḥmad Shākir, Ḥāfiẓ Ibn Ḥajar, and Imām ash-Shawkānī all graded this narration authentic and declared it explicit on the issue.
From the Qur’an, authentic Sunnah, and early scholarly consensus, it is clear that:
The ruling during the time of the Prophet ﷺ and the first caliphs was that three divorces pronounced together equal one.
The later enforcement by ʿUmar رضي الله عنه was a disciplinary measure, not a permanent legal change.
Hence, the claim of ijmaʿ on the opposite view is invalid.
هٰذا ما عندي والله أعلم بالصواب
(This is what I understand; Allah knows best what is correct.)
✦ The Claim of Consensus (Ijmaʿ) on Triple Divorce in One Sitting: A Critical Analysis ✦
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
❖ Reality of the Claim of Consensus (Ijmaʿ)
The commonly repeated claim that the entire Ummah has reached consensus (ijmaʿ) on the occurrence and irrevocability (mughallaẓah) of three divorces issued in one sitting is factually incorrect and unsupported by reliable evidence.
In truth, no consensus ever existed that three divorces issued at once would all take effect as three.
During the Prophetic era, the Caliphate of Abū Bakr رضي الله عنه, and the first two to three years of ʿUmar ibn al-Khaṭṭāb رضي الله عنه’s rule, the established ruling was that three divorces given together counted as one.
Later, due to people’s misuse of the concession, ʿUmar رضي الله عنه enforced a disciplinary policy — not a change in divine law — by treating triple divorces as binding. Even then, the Companions differed in their rulings, considering the circumstances of the divorcer.
❖ Opinions of the Companions
Many Companions viewed three divorces in one sitting as one revocable divorce (ṭalāq rajʿiyyah), including:
- ʿAlī ibn Abī Ṭālib رضي الله عنه
- ʿAbdullāh ibn Masʿūd رضي الله عنه
- az-Zubayr ibn al-ʿAwwām رضي الله عنه
- ʿAbd ar-Raḥmān ibn ʿAwf رضي الله عنه
- Abū Mūsā al-Ashʿarī رضي الله عنه
- ʿAbdullāh ibn ʿUmar رضي الله عنه
❖ Divergent Views of Imām Abū Ḥanīfah
Two opinions are attributed to Imām Abū Ḥanīfah on this matter.
According to Imām Muḥammad ibn Muqātil ar-Rāzī (Ḥanafī):
“One of Imām Abū Ḥanīfah’s two opinions is that three divorces issued at once constitute one revocable divorce.”
❖ Divergent Views of Imām Mālik
Imām Mālik also has two opinions recorded on this issue.
Mawlānā ʿAbd al-Ḥayy al-Lakhnawī wrote:
“One of Imām Mālik’s opinions is that if a man issues three divorces together, only one revocable divorce takes place. This view was held by several Companions and later scholars such as Dāwūd aẓ-Ẓāhirī, Ibn Taymiyyah, and Ibn al-Qayyim.”
(Ighāthat al-Lahfān, p. 157)
Hence, even among the four imams, differences existed, disproving any absolute ijmaʿ.
❖ Testimony of Imām al-Bukhārī and Early Scholars
The Imām of Ḥadīth, Muḥammad ibn Ismāʿīl al-Bukhārī, titled a chapter in his Ṣaḥīḥ:
“Chapter: Those Who Allowed the Validity of Three Divorces”
Implying the issue was disputed.
Ḥāfiẓ Ibn Ḥajar explained:
“This title indicates that some of the early scholars did not consider three divorces valid in one sitting.”
(Fatḥ al-Bārī, Vol. 9, p. 362)
He further quoted Ibn al-Mughīth, who documented the opinion of ʿAlī, Ibn Masʿūd, ʿAbd ar-Raḥmān ibn ʿAwf, az-Zubayr, and others that three divorces at once equal one.
❖ Statement of Imām aṭ-Ṭaḥāwī (Ḥanafī)
In Sharḥ Maʿānī al-Āthār, Imām aṭ-Ṭaḥāwī wrote:
“A group of scholars held that when a man divorces his wife three times together in a lawful period (ṭuhr), only one divorce occurs.”
(Vol. 2, p. 31)
Imām aṭ-Ṭaḥāwī lived long before Ibn Taymiyyah, showing that this view existed independently and was held by a considerable group (qawm) of scholars.
❖ Testimony of Imām al-Qurṭubī
In his Tafsīr, Imām al-Qurṭubī wrote under a separate section:
“After agreeing that such a man has indeed divorced, the scholars differed on the consequence.
ʿAlī, Ibn Masʿūd, Ibn ʿAbbās, az-Zubayr, and ʿAbd ar-Raḥmān ibn ʿAwf held that only one divorce occurs.
Several Andalusian jurists, such as Ibn ʿAbd as-Salām, Ibn Zunbāʿ, and Muḥammad ibn Taqī, also gave the same ruling.”
(Tafsīr al-Qurṭubī, Vol. 2)
❖ Statement of Imām Fakhr ad-Dīn ar-Rāzī (Shāfiʿī)
In his Tafsīr al-Kabīr, under the explanation of “الطلاق مرتان”, Imām ar-Rāzī wrote:
“Many scholars chose the view that if a man pronounces two or three divorces at once, only one takes effect.
This view is most consistent with reasoning, for the act prohibited by the Sharīʿah cannot be validated through sin.”
He concluded that this was the stronger and more rational position.
❖ ʿAllāmah Badr ad-Dīn al-ʿAynī (Ḥanafī)
He stated:
“Ṭāwūs, Muḥammad ibn Isḥāq, al-Ḥajjāj ibn Arṭāh, an-Nakhaʿī, Ibn Muqātil, and the Ẓāhirīs held that if a man gives three divorces at once, only one counts.”
(ʿUmdat al-Qārī)
❖ List of Scholars Supporting This View (Imām ash-Shawkānī)
Imām Muḥammad ibn ʿAlī ash-Shawkānī wrote:
“A group of scholars maintained that divorce does not multiply upon itself; three divorces issued at once count as one.
This opinion is attributed to Abū Mūsā al-Ashʿarī, ʿAlī, Ibn ʿAbbās, Ṭāwūs, ʿAṭāʾ, Jābir ibn Zayd, al-Qāsim, al-Bāqir, an-Nāṣir, and many others — including later scholars like Ibn Taymiyyah and Ibn al-Qayyim.”
(Nayl al-Awṭār, Vol. 6, p. 231)
❖ Conclusion on the Claim of Consensus
The alleged ijmaʿ (consensus) on the irrevocability of triple divorce in one sitting is unfounded.
Historical, textual, and juristic evidence clearly demonstrates that:
✿ The claim of consensus is baseless.
✿ Leading Companions, jurists, and mufassirīn differed on this matter.
✿ No era — not even during the rightly guided Caliphs — witnessed an undisputed consensus on this issue.
Thus, declaring the opposing view as “invalid” or “against ijmaʿ” is inaccurate and unjustified.
✦ Supporting Ḥadīths That Triple Divorce Equals One ✦
① Ḥadīth of Ibn ʿAbbās رضي الله عنه
عَنِ ابْنِ عَبَّاسٍ قَالَ:
“During the lifetime of the Messenger of Allah ﷺ, the time of Abū Bakr رضي الله عنه, and the first two years of ʿUmar رضي الله عنه’s Caliphate, triple divorce was counted as one. But then ʿUmar said: ‘People have become hasty in a matter of patience; so we shall enforce it upon them.’ Thus he enforced it.”
(Ṣaḥīḥ Muslim, Vol. 1, p. 477; Musnad Aḥmad, Vol. 4, p. 314)
This authentic ḥadīth is decisive proof that in the Prophetic and early caliphal periods, triple divorce in one sitting counted as one revocable divorce.
② Ḥadīth of Rukānah رضي الله عنه
عَنِ ابْنِ عَبَّاسٍ قَالَ:
“Rukānah ibn ʿAbd Yazīd divorced his wife three times in one sitting. The Prophet ﷺ asked, ‘How did you divorce her?’ He replied, ‘Three times.’ The Prophet ﷺ said, ‘In one sitting?’ He said, ‘Yes.’ The Prophet ﷺ said, ‘Then that counts as one; take her back if you wish.’ So he took her back.”
(Musnad Aḥmad; al-Bayhaqī; Abū Yaʿlā; Ibn al-Qayyim, Ighāthat al-Lahfān, p. 158)
Imām Aḥmad Shākir, Ḥāfiẓ Ibn Ḥajar, and Imām ash-Shawkānī all graded this narration authentic and declared it explicit on the issue.
❖ Final Conclusion
From the Qur’an, authentic Sunnah, and early scholarly consensus, it is clear that:
The ruling during the time of the Prophet ﷺ and the first caliphs was that three divorces pronounced together equal one. The later enforcement by ʿUmar رضي الله عنه was a disciplinary measure, not a permanent legal change. Hence, the claim of ijmaʿ on the opposite view is invalid.هٰذا ما عندي والله أعلم بالصواب
(This is what I understand; Allah knows best what is correct.)
