Ruling on Giving Three Divorces at Once and the Shar‘i Method of Reconciliation
Source: Ahkam wa Masail, Masail-e-Talaq, Vol. 1, p. 336
❀ The Question
If a husband sends his wife to her parents’ home and then writes three divorces at once in a letter and sends it by post, but later the letter is returned to him after someone advised reconciliation—while the wife, her parents, and relatives remain unaware of the situation:
◈ Has divorce taken effect?
◈ If divorce has occurred, what is the Shar‘i way for reconciliation and rectification?
❀ The Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-salāmu ‘alā Rasūlillāh, ammā ba‘d!
In this case, one divorce has taken effect.
Ibn ‘Abbas (رضي الله عنهما) narrated:
«كَانَ الطَّلاَقُ عَلٰی عَهْدِ رَسُوْلِ اﷲِ ﷺ، وَأَبِیْ بَكْرٍ ، وَسَنَتَيْنِ مِنْ خِلَافَةِ عُمَرَ طَلاَقُ الثَّلَاثِ وَاحِدَةٌ»
“During the time of the Messenger of Allah ﷺ, in the era of Abu Bakr (رضي الله عنه), and the first two years of the caliphate of ‘Umar (رضي الله عنه), three divorces were counted as one.”
(صحيح مسلم، ج 1، ص 477)
❀ Possible Ways of Reconciliation
➊ Revocation (Ruju‘) During ‘Iddah
If the wife is still in her ‘iddah, the husband may revoke the divorce without a new nikah, provided it is done with the intention of reconciliation.
Allah Almighty says:
﴿وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَٰلِكَ إِنۡ أَرَادُوٓاْ إِصۡلَٰحٗاۚ﴾ (البقرة: 228)
“And their husbands have more right to take them back during that period, if they intend reconciliation.”
➋ Decision in Presence of Witnesses
If the ‘iddah is ongoing, the husband must decide either to retain his wife honorably or let her go honorably, and this should be witnessed by two just men.
Allah Almighty says:
﴿فَإِذَا بَلَغۡنَ أَجَلَهُنَّ فَأَمۡسِكُوهُنَّ بِمَعۡرُوفٍ أَوۡ فَارِقُوهُنَّ بِمَعۡرُوفٖ وَأَشۡهِدُواْ ذَوَيۡ عَدۡلٖ مِّنكُمۡ﴾ (البقرة: 2)
“Then, when they have reached their term, either retain them in a fair manner or part with them in a fair manner, and call to witness two just men from among you.”
➌ After the Expiry of ‘Iddah
If the ‘iddah has ended, reconciliation is only possible through a new nikah with mutual consent.
Allah Almighty says:
﴿فَبَلَغۡنَ أَجَلَهُنَّ فَلَا تَعۡضُلُوهُنَّ أَن يَنكِحۡنَ أَزۡوَٰجَهُنَّ إِذَا تَرَٰضَوۡاْ بَيۡنَهُم بِٱلۡمَعۡرُوفِۗ﴾ (البقرة: 232)
“When they have completed their term, do not prevent them from remarrying their (former) husbands, if they agree between themselves on a reasonable basis.”
❀ Conclusion
① In the described case, only one divorce has taken effect, even though three were written.
② If the wife is in ‘iddah, the husband may revoke without a new nikah, intending reconciliation.
③ If ‘iddah ends, reconciliation is possible only through a new nikah with mutual agreement.
ھذا ما عندي، والله أعلم بالصواب
(And Allah knows best what is correct.)
