Three Divorces at Once: Ruling of Rajʿūʿ and Its Method
Source: Aḥkām wa Masā’il, Ṭalāq ke Masā’il, Vol. 1, p. 345
❖ Question
Ghulam Haidar divorced his wife through a stamped paper dated 4-3-92, giving her three divorces at the same time. The question is whether he can return to his divorced wife or not? And if rajʿūʿ is possible, then what will be its method, considering that his wife has not married another man yet?
✿ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā baʿd!
In the mentioned case, it is clear that Ghulam Haidar issued three divorces to his wife at once. In such a situation:
✔ If rajʿūʿ is made during the ʿiddah, it is valid without a new nikāḥ.
✔ If the ʿiddah has expired, rajʿūʿ is only possible through a new nikāḥ.
❖ Reason
This is because three divorces given at once are counted as one divorce.
❖ Evidences
From Ṣaḥīḥ Muslim
It is narrated from ʿAbdullāh ibn ʿAbbās رضي الله عنهما:
“During the time of the Messenger of Allah ﷺ and the time of Abū Bakr رضي الله عنه, three divorces given at once were counted as one.”
(Ṣaḥīḥ Muslim)
From the Qur’ān:
➊ Sūrah al-Baqarah 2:228
﴿وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَٰلِكَ إِنۡ أَرَادُوٓاْ إِصۡلَٰحٗاۚ﴾
“And their husbands have more right to take them back in that period if they desire reconciliation.”
➋ Sūrah al-Baqarah 2:232
﴿وَإِذَا طَلَّقۡتُمُ ٱلنِّسَآءَ فَبَلَغۡنَ أَجَلَهُنَّ فَلَا تَعۡضُلُوهُنَّ أَن يَنكِحۡنَ أَزۡوَٰجَهُنَّ إِذَا تَرَٰضَوۡاْ بَيۡنَهُم بِٱلۡمَعۡرُوفِۗ﴾
“And when you divorce women and they reach the end of their waiting period, do not prevent them from remarrying their (former) husbands if they mutually agree in a fair manner.”
❖ Conclusion
✔ Since the three divorces were given at the same time, they will be counted as one divorce.
✔ On this basis, Ghulam Haidar has the right of rajʿūʿ.
✔ If the ʿiddah is ongoing, rajʿūʿ can be made without a new nikāḥ.
✔ If the ʿiddah has ended, rajʿūʿ will only be possible through a new nikāḥ.
✔ Since the wife has not married another man, there is no Sharʿi barrier to rajʿūʿ.
ھذا ما عندي والله أعلم بالصواب
