Ruling on Pronouncing Three Divorces in One Statement

Source: Extracted from the book 500 Questions and Answers for Women based on the fatwas of the scholars of the Two Holy Mosques, translated by Hafiz Abdullah Saleem.

Question:​

What is the ruling if a man gives his wife three divorces in one statement, such as saying:
"You are divorced three times" (anti talaq bil-thalath)?

Answer:​

Majority Opinion (Three Divorces Take Effect):

• According to the majority of scholars (Jumhur), including the four Imams (Imam Abu Hanifa, Imam Malik, Imam Shafi'i, and Imam Ahmad), when a man issues three divorces in one statement, they are counted as three divorces.
• As a result, the woman becomes permanently unlawful (haram) for her husband unless she marries another man in a genuine marriage, which includes consummation. Only after the second husband either divorces her or passes away can she remarry her first husband.
• The majority base their ruling on the precedent set by Umar ibn al-Khattab (RA), who implemented this ruling during his caliphate when people began abusing the permissibility of divorce.
• Evidence:
• Umar (RA) said:
  "People have started rushing into something where they had time (to reflect), so if we enforce it on them, it will be appropriate."
  Hence, Umar (RA) enforced three divorces as valid when pronounced in one instance.
  [Sahih Muslim, Hadith 1472]

Minority Opinion (One Divorce Takes Effect):

• Some scholars, including Ibn Abbas (RA) in one of his narrations, Ali (RA), Abdul Rahman ibn Awf (RA), Zubair ibn al-Awwam (RA), and others, hold that three divorces pronounced in one statement count as one divorce.
• They argue that during the time of the Prophet (ﷺ) and the caliphate of Abu Bakr (RA), three divorces given at once were treated as one divorce.
• Evidence:

• Ibn Abbas (RA) said:
  "During the lifetime of the Prophet (ﷺ), Abu Bakr (RA), and the early period of Umar's (RA) caliphate, three divorces given at once were considered as one divorce."
  [Sahih Muslim, Hadith 1472]
• The minority also cite the case of Abu Rukanah, who divorced his wife three times in one sitting and later regretted it. The Prophet (ﷺ) returned his wife to him, stating:
  "It is only one divorce."
  [Musnad Ahmad, 1/265]

Reconciling the Opinions:

• The minority argue that the ruling of three divorces being treated as one aligns with the Quranic guidance:
  "Divorce is twice, then either retain in kindness or release with grace."
  [Surah Al-Baqarah (2:229)]
• They also reference the verse:
  "If he divorces her (for the third time), she is not lawful for him until she marries another husband."
  [Surah Al-Baqarah (2:230)]
  This indicates that three divorces must occur separately, not simultaneously, to align with Shariah's intent.

Preferred Opinion:​

• The view that three divorces in one statement count as one divorce has been adopted by Sheikh al-Islam Ibn Taymiyyah, Ibn al-Qayyim, and others.
• This opinion is supported by authentic evidence and provides leniency and mercy for Muslims, preventing unnecessary hardship.

Conclusion:​

• Majority Opinion: Three divorces given in one statement are counted as three, making the wife permanently unlawful unless certain conditions are met.
• Minority Opinion (Preferred): Three divorces in one statement count as one, and the husband retains the right to reconcile during the waiting period (iddah), or remarry after the waiting period with a new contract.

Final Ruling:​

Given the stronger evidence and consideration of leniency, the view that three divorces in one statement count as one divorce is the preferred opinion. This ruling is consistent with the principles of the Quran and Sunnah and promotes ease for the Muslim community.Source: Extracted from the book 500 Questions and Answers for Women based on the fatwas of the scholars of the Two Holy Mosques, translated by Hafiz Abdullah Saleem.