Source: Fatāwā Muḥammadiyyah, Volume 1, Page 837
Respected scholars are requested to provide a fatwā regarding the following matter:
My son-in-law, Nadīm Butt, under the influence of alcohol, pronounced three divorces in one sitting by saying:
“Ṭalāq, Ṭalāq, Ṭalāq.”
Now, he sincerely admits his mistake, has repented from alcohol, and wishes to reunite with his wife. His wife also agrees to this reconciliation.
Notably:
In light of the Qur’an and Hadith, can they still maintain their marital relationship?
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh. Ammā baʿd:
The ruling depends on the mental state of the husband at the time of issuing the divorce.
If the husband was in a fully intoxicated state, to the extent that:
Then in such a case:
No divorce takes effect at all, neither one nor three.
If he was not completely unconscious and was still aware of:
Then, based on clear Qur’anic evidence, Sunnah of the Prophet ﷺ, and the understanding of the Companions and major jurists, the following ruling applies:
Only one revocable (rajʿī) divorce will be considered valid — not three.
Allah ﷻ says:
﴿ٱلطَّلَـٰقُ مَرَّتَانِ ۖ فَإِمْسَاكٌۢ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَـٰنٍۢ﴾
Surah al-Baqarah (2:229)
Translation:
"Divorce is twice; then either keep [her] in an acceptable manner or release [her] with good treatment."
If the Qur’an intended to refer to “two divorces,” it would have said:
“الطلاق طلقتان” — but it did not.
Hence:
◈ Three divorces issued at once are not treated as three,
◈ But rather count as one revocable divorce.
➊ Ḥadīth of Ibn ʿAbbās رضي الله عنهما:
"The triple divorce during the time of the Messenger of Allah ﷺ, Abū Bakr, and the first two years of ʿUmar’s caliphate was considered as one divorce."
Ṣaḥīḥ Muslim, Kitāb al-Ṭalāq, Vol. 1, p. 477
➋ Ḥadīth of Rukānah ibn Abī Yazīd رضي الله عنه:
He divorced his wife three times in one sitting, then felt extreme sorrow.
The Prophet ﷺ asked him, “How did you divorce her?”
He replied, “Three times in one sitting.”
The Prophet ﷺ said:
“That is only one (divorce). Take her back.”
Fatḥ al-Bārī, Vol. 9, p. 316
If the husband was completely unconscious due to intoxication:
No divorce has occurred.
If he was partially intoxicated, but aware and intended to divorce:
Only one revocable (rajʿī) divorce has taken place.
Since:
Then:
He may revoke the divorce (rujūʿ) during the ʿiddah period,
And resume the marriage without a new nikāḥ.
هٰذا ما عندي، والله أعلم بالصواب
❖ Question:
Respected scholars are requested to provide a fatwā regarding the following matter:
My son-in-law, Nadīm Butt, under the influence of alcohol, pronounced three divorces in one sitting by saying:
“Ṭalāq, Ṭalāq, Ṭalāq.”
Now, he sincerely admits his mistake, has repented from alcohol, and wishes to reunite with his wife. His wife also agrees to this reconciliation.
Notably:
- He had never issued any prior divorce, neither orally nor in writing.
- Only three days have passed since the utterance of the divorces.
In light of the Qur’an and Hadith, can they still maintain their marital relationship?
❖ Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh. Ammā baʿd:
The ruling depends on the mental state of the husband at the time of issuing the divorce.
❖ Scenario 1: Complete Intoxication and Loss of Awareness
If the husband was in a fully intoxicated state, to the extent that:
- He lost consciousness,
- Could not distinguish between right and left, or between sky and earth,
Then in such a case:
No divorce takes effect at all, neither one nor three.❖ Scenario 2: Partial Intoxication, But Conscious of His Words
If he was not completely unconscious and was still aware of:
- What he was saying,
- And deliberately uttered the words of divorce,
Then, based on clear Qur’anic evidence, Sunnah of the Prophet ﷺ, and the understanding of the Companions and major jurists, the following ruling applies:
Only one revocable (rajʿī) divorce will be considered valid — not three.❖ Qur’anic Evidence:
Allah ﷻ says:
﴿ٱلطَّلَـٰقُ مَرَّتَانِ ۖ فَإِمْسَاكٌۢ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَـٰنٍۢ﴾
Surah al-Baqarah (2:229)
Translation:
"Divorce is twice; then either keep [her] in an acceptable manner or release [her] with good treatment."
❖ Understanding the Word "Maratān" (Twice)
- “Maratān” is the dual of “marrah” (meaning: time/occasion), not the dual of “ṭalāq”.
- Thus, the verse refers to two separate occasions, not issuing two or three divorces at once.
If the Qur’an intended to refer to “two divorces,” it would have said:
“الطلاق طلقتان” — but it did not.
Hence:
◈ Three divorces issued at once are not treated as three,
◈ But rather count as one revocable divorce.
❖ Supporting Hadith Evidence:
➊ Ḥadīth of Ibn ʿAbbās رضي الله عنهما:
"The triple divorce during the time of the Messenger of Allah ﷺ, Abū Bakr, and the first two years of ʿUmar’s caliphate was considered as one divorce."
Ṣaḥīḥ Muslim, Kitāb al-Ṭalāq, Vol. 1, p. 477
➋ Ḥadīth of Rukānah ibn Abī Yazīd رضي الله عنه:
He divorced his wife three times in one sitting, then felt extreme sorrow.
The Prophet ﷺ asked him, “How did you divorce her?”
He replied, “Three times in one sitting.”
The Prophet ﷺ said:
“That is only one (divorce). Take her back.”
Fatḥ al-Bārī, Vol. 9, p. 316
❖ Conclusion of the Ruling:
If the husband was completely unconscious due to intoxication:
No divorce has occurred.If he was partially intoxicated, but aware and intended to divorce:
Only one revocable (rajʿī) divorce has taken place.❖ Practical Outcome:
Since:
- This was his first ever divorce,
- Only three days have passed,
- And the wife is still in her ʿiddah,
- Both parties wish to reconcile,
Then:
He may revoke the divorce (rujūʿ) during the ʿiddah period, And resume the marriage without a new nikāḥ.هٰذا ما عندي، والله أعلم بالصواب
