Sharʿi Ruling on Rajʿūʿ After Triple Divorce in One Sitting
Source: Aḥkām wa Masā’il, Ṭalāq ke Masā’il, Vol. 1, p. 344
❖ Question
A man has sent three divorces to his wife in writing during a single sitting. He now wishes to return to her. Kindly provide a fatwā in light of the Qur’ān and Sunnah, stating whether rajʿūʿ is possible, so that we may act accordingly.
✿ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā baʿd!
In this case, only one divorce has taken effect, because in the blessed era of the Messenger of Allah ﷺ, if a man issued three divorces in one sitting, they were counted as a single divorce.
Ḥadīth Evidence:
In Ṣaḥīḥ Muslim (Vol. 2, p. 477) it is narrated:
«عَنِ ابْنِ عَبَّاسٍ قَالَ : کَانَ الطَّلاَقُ عَلٰی عَهْدِ رَسُوْلِ اﷲِﷺ وَأَبِیْ بَکْرٍ ، وَسَنَتَيْنِ مِنْ خِلاَفَةِ عُمَرَ طَلاَقُ الثَّلاَثِ وَاحِدَة»
Translation:
Ibn ʿAbbās رضي الله عنهما said: “During the time of the Messenger of Allah ﷺ, the era of Abū Bakr رضي الله عنه, and the first two years of ʿUmar رضي الله عنه, three divorces (given at once) were considered as one.”
Rulings of Rajʿūʿ
✿ During the ʿIddah:
The husband may return to his wife without a new nikāḥ, provided he intends reconciliation.
Qur’ān:
﴿وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَٰلِكَ إِنۡ أَرَادُوٓاْ إِصۡلَٰحٗاۚ﴾
(Al-Baqarah: 228)
“And their husbands have more right to take them back during that (period) if they intend reconciliation.”
✿ After the ʿIddah is Over:
The husband may remarry his former wife with a new nikāḥ, if both parties mutually agree.
Qur’ān:
﴿وَإِذَا طَلَّقۡتُمُ ٱلنِّسَآءَ فَبَلَغۡنَ أَجَلَهُنَّ فَلَا تَعۡضُلُوهُنَّ أَن يَنكِحۡنَ أَزۡوَٰجَهُنَّ إِذَا تَرَٰضَوۡاْ بَيۡنَهُم بِٱلۡمَعۡرُوفِۗ﴾
(Al-Baqarah: 232)
“And when you divorce women and they complete their waiting period, do not prevent them from remarrying their husbands, if they mutually agree in a fair manner.”
❖ Conclusion
✔ In this specific case, only one divorce has taken place.
✔ If the wife is still in her ʿiddah, the husband can return to her without a new nikāḥ.
✔ If the ʿiddah has ended, then rajʿūʿ is only possible through a new nikāḥ, with mutual consent.
ھذا ما عندي، والله أعلم بالصواب
