Three Divorces in One Sitting According to Saudi Scholars

Authored by: Hafiz Muhammad Ishaq Zahid (Hafidhahullah), Kuwait

Introduction​

Before delving into this issue, it is important to understand that giving three divorces in one sitting is forbidden. Hazrat Mahmood bin Labid (RA) reported that the Prophet Muhammad (ﷺ) was informed about a man who had given his wife three divorces at once. Upon hearing this, the Prophet (ﷺ) stood up in anger and said:

"Is Allah's Book being played with while I am still among you?"

[Sunan An-Nasa'i]

The correct way to issue a divorce is that the husband should give one divorce when his wife is in a state of purity (free from menstruation) and avoid any intimate relations during this period. If he does not intend to reconcile, he may issue a second divorce during another period of purity. If he still does not reconcile, he may give a third and final divorce. [Sahih al-Bukhari, Sahih Muslim]

This process is also outlined in the Quran:

"Divorce is twice, then either retain [her] in a reasonable manner or release [her] with good treatment."

[Al-Baqarah 2:229]

This verse indicates that a husband has the right to reconcile after the first and second divorces. The wisdom behind this is to allow time for contemplation and prevent impulsive separations.

Historical Practice of Counting Three Divorces as One​

During the lifetime of the Prophet (ﷺ), the Caliphate of Abu Bakr (RA), and the first two years of Umar’s (RA) rule, three divorces given in one sitting were counted as only one, as narrated by Ibn Abbas (RA). However, seeing that people were becoming increasingly irresponsible with divorce, Umar (RA) imposed a ruling to count three divorces given in one sitting as three separate divorces, as a form of disciplinary action [Sahih Muslim].

Why Umar (RA) Changed the Ruling​

This disciplinary measure was enacted due to the prevailing attitude toward divorce at the time. Umar (RA) observed that people were not adhering to the Islamic guidelines for divorce, so he implemented this strict measure to restore responsibility in the process. The Companions (RA) understood the reasoning behind Umar’s (RA) decision and thus did not object.

Is There Consensus on the Issue of Three Divorces?​

Some followers of the Hanafi school claim a consensus (ijma') that three divorces in one sitting count as three, and they assert that only the Ahl-e-Hadith (followers of Hadith) disagree. However, this claim is misleading because:

1. During the Caliphate of Abu Bakr (RA) and the first two years of Umar’s (RA) Caliphate, it was unanimously accepted that three divorces in one sitting counted as only one. How could Umar's (RA) disciplinary measure nullify the previous consensus?
2. Several prominent Companions (RA), including Hazrat Ali, Hazrat Ibn Masood, Hazrat Abdul Rahman bin Auf, and Hazrat Zubair (RA), viewed three divorces in one sitting as a single divorce.
3. Among the Tabi'un and Tabi' Tabi'in (generations following the Companions), scholars like Ata, Tawus, and Ibn Dinar also held the view that three divorces in one sitting should be counted as one.
4. Notable Islamic scholars, including Ibn Taymiyyah, Ibn al-Qayyim, Ibn Hajar, Imam Qurtubi, Imam Fakhr al-Din al-Razi, and Imam Shawkani, considered this an area of scholarly disagreement rather than a consensus.

Opinions of Saudi Scholars on Three Divorces in One Sitting​

The majority of Saudi scholars have ruled that three divorces pronounced in one sitting should be counted as one, thereby allowing the husband to reconcile. Key Saudi scholars on this issue include:

1. Sheikh Ibn Baz (RA)
   Sheikh Ibn Baz issued a fatwa stating that if a man issues three divorces in one phrase (e.g., "You are divorced three times"), then according to most scholars, the divorces take effect, and the wife becomes unlawful for him until she marries another man and that marriage is consummated. However, another group of scholars opines that such a statement counts as only one divorce, permitting the husband to reconcile if the wife is still in her waiting period (iddah). This opinion aligns with the practice during the Prophet’s (ﷺ) time, Abu Bakr's (RA) rule, and the early years of Umar's (RA) rule. Sheikh Ibn Baz himself supported this view due to its alignment with Quranic principles, the Prophetic practice, and compassion towards Muslims.
2. The Committee of Senior Scholars in Saudi Arabia
   When this issue was presented to Saudi Arabia’s Committee of Senior Scholars, most members agreed with the ruling to count three divorces in one sitting as three. However, five members of the committee, including Sheikh Ibn Baz and Sheikh Abdul Razzaq Afifi, held a dissenting opinion, stating that three divorces in one statement should be counted as one. This disagreement underscores that there was no unanimous decision among Saudi scholars.
3. Sheikh Abdullah bin Aqeel (RA)
   A prominent Saudi scholar, Sheikh Abdullah bin Aqeel, supported the view of Ibn Taymiyyah, arguing that three divorces in one sitting should be counted as one, which was consistent with the Prophet's (ﷺ) guidance.
4. Sheikh Abdullah bin Abdul Rahman Al-Bassam (RA)
   In his commentary on Bulugh al-Maram, Al-Bassam argued that the ruling of three divorces as one was held by numerous Companions (RA) and scholars from various periods, including several Tabi'un and later scholars.

Conclusion​

The majority of Saudi scholars and historical authorities among the Companions (RA) and Tabi'un agree that three divorces issued in one sitting should be counted as one. This ruling aligns with the Quranic guidance, the Sunnah of the Prophet (ﷺ), and promotes mercy and ease for the believers.