The Sharʿi Ruling on Triple Divorce in One Sitting and Ẓihār – A Detailed Answer
Source: Fatāwā Rāshidiyyah, p. 454
❀ Question
The scholars of Islam were asked:
My wife has repeatedly abused me despite my prohibiting her. On 1 April 1986, we quarreled at home. I told her not to abuse, but she continued. At that moment, I pronounced the words of divorce more than three times and also said: “From today, you are my mother.”
This divorce was given in a waṭah saṭah (exchange) situation. Now the other party is also preparing to divorce, meaning that because of my divorce, three more divorces are about to take place.
Therefore, if there is any solution in Qur’ān and Ḥadīth for my divorce, kindly guide me so that I may take my wife back into my home.
❀ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
This issue has two aspects:
① Pronouncing multiple divorces in one sitting
② Declaring the wife as “mother” (i.e., the matter of Ẓihār)
① Ruling on Multiple Divorces in One Sitting
It must be remembered that during the time of the Messenger of Allah ﷺ, three divorces pronounced in one sitting were counted as one divorce only.
As narrated from ʿAbdullāh ibn ʿAbbās رضي الله عنه, mentioned in Ṣaḥīḥ Muslim and Musnad Aḥmad with a sound chain:
((عن ابن عباس رضى الله عنه قال طلق ركانة بن عبديزيداخوبني المطلب امراته ثلاثافى مجلس واحدفحزن عليهاحزناشديدا قال فساله رسول الله صلى الله عليه وسلم كيف طلقتها؟قال طلقتهاثلاثاقال:فقال فى مجلس واحد؟قال نعم قال فإنماتلك واحدة فارجعهاإن شئت فقال فرجعهافكان ابن عباس يرى إنماالطلاق عندكل طهر.))
(Musnad Aḥmad, vol. 1, p. 265, ḥadīth no. 2397)
Translation:
Ibn ʿAbbās رضي الله عنه said: Rukānah bin ʿAbd Yazīd divorced his wife three times in one sitting during the time of the Prophet ﷺ. He became very distressed. The Messenger of Allah ﷺ asked him: “How did you divorce her?” He replied: “I gave her three divorces.” The Prophet ﷺ asked: “In one sitting?” He said: “Yes.” The Prophet ﷺ said: “Then that counts as only one divorce. If you wish, you may take her back.” He then took her back. Ibn ʿAbbās held that divorce should be given in separate periods of purity.
Sharʿi Guidance:
✿ If a man wishes to divorce, he should give one divorce in each period of purity (ṭuhr).
✿ Thus, in three months, three divorces will be complete.
✿ If three are given in one sitting, they count as one divorce only.
Therefore:
◈ One or two divorces are rajʿī (revocable).
◈ During the ʿiddah (three months), the husband can revoke it.
◈ If the ʿiddah ends, the marriage terminates, but both may remarry with mutual consent.
This is Allah’s mercy, to prevent households from breaking due to hasty words said in anger.
② Ruling on Declaring Wife as “Mother” (Ẓihār)
Calling one’s wife “my mother” is Ẓihār. The ruling is found in the opening verses of Sūrah al-Mujādilah.
Its expiation (kaffārah):
- If a slave is available, free a slave before resuming marital relations.
- As slaves no longer exist, then:
✿ Observe two consecutive lunar months of fasting before touching the wife.
✿ If unable, then feed sixty poor persons.
❀ Conclusion
◈ Though the questioner uttered multiple divorces, they count as only one divorce.
◈ Within three months from the date of divorce, he may revoke it in the presence of two witnesses.
◈ For Ẓihār, he must expiate: either fast for two consecutive months, or if unable, feed sixty needy people.
◈ The best course is for the husband to take back his wife in the presence of two just witnesses, then fulfill the expiation, and restart family life properly.
ھذا ما عندی واللہ اعلم بالصواب
