(Source: Fatawa Muhammadiyyah, Vol. 1, p. 786)
Respected scholars are requested to clarify the following matter:
My brother Muhammad Ilyas divorced his wife Zeba Nisa on November 5, 1994, due to domestic disputes and disagreements. He pronounced three divorces at one and the same time. Now he wishes to reconcile with his divorced wife.
Please explain, in the light of the Qur’an and authentic Hadith, whether it is permissible for him to reconcile with her or not.
Note: I solemnly affirm under oath that my brother had never divorced his wife prior to this incident.
Alhamdulillah, and may peace and blessings be upon the Messenger of Allah.
If the question is accurate as presented, then according to Islamic law, only one revocable (raj‘i) divorce has taken place.
Based on the clear texts of the Qur’an and authentic Ahadith, as well as the statements of the leading scholars of the Ummah, three divorces pronounced at once count as only one revocable divorce.
The detailed explanation is as follows:
﴿الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ﴾
(Surah Al-Baqarah, 2:229)
“Divorce is to be pronounced twice; then either retain [the wife] in an acceptable manner or release [her] with kindness.”
In this verse, the word “مَرَّتَانِ (marratān)” is the dual of “مَرَّة (marrah)”, which means one occasion or one time.
A similar linguistic structure is found in the Qur’an:
﴿يَا أَيُّهَا الَّذِينَ آمَنُوا لِيَسْتَأْذِنكُمُ الَّذِينَ مَلَكَتْ أَيْمَانُكُمْ ... ثَلَاثَ مَرَّاتٍ﴾
(Surah An-Nur, 24:58)
“O you who believe! Let those whom your right hands possess and those among you who have not reached puberty ask permission of you three times a day…”
Here, the phrase “three times” clearly refers to three separate occasions, not a triple act performed simultaneously.
Therefore, according to the Qur’anic principle “القرآن يفسر بعضه بعضاً” (The Qur’an explains itself), the phrase “الطلاق مرتان” means divorce is to be given twice at separate occasions — not two utterances at once.
If the intention were two divorces at once, the Qur’an would have said “الطلاق طلقتان”, which it does not.
Hence, the Qur’an itself establishes that three divorces pronounced together amount to only one revocable divorce.
Narrated by Ibn ‘Abbas (رضي الله عنه):
“During the lifetime of the Messenger of Allah ﷺ, and the time of Abu Bakr (رضي الله عنه), and for the first two years of the caliphate of ‘Umar (رضي الله عنه), a triple divorce was counted as one.”
(Sahih Muslim, Kitab at-Talaq, Vol. 1, p. 477)
This hadith clearly proves that during the Prophet’s era and the early caliphates, three divorces pronounced at once were treated as one single divorce.
Narrated by Ibn ‘Abbas (رضي الله عنه):
“Rukanah ibn ‘Abd Yazid (رضي الله عنه) divorced his wife three times in a single sitting. He felt deep regret. The Messenger of Allah ﷺ asked him, ‘How did you divorce her?’ He said, ‘I gave her three divorces in one sitting.’
The Prophet ﷺ asked, ‘In one sitting?’ He said, ‘Yes.’
The Prophet ﷺ said, ‘That counts as only one divorce; if you wish, you may take her back.’ So he took her back.”
(Musnad Ahmad; Abu Ya‘la; Fath al-Bari, Vol. 9, p. 216; Nayl al-Awtar, Vol. 6, p. 361; al-Ta‘liq al-Mughni, Vol. 4, p. 47)
This hadith is explicit and decisive, leaving no room for interpretation:
Three divorces given in a single session are regarded as one according to the judgment of the Prophet ﷺ himself.
More than one thousand Companions of the Prophet ﷺ held the view that three divorces pronounced together equal one revocable divorce.
(See: Maqalat ‘Ilmiyyah, p. 247)
All of the above scholars affirmed that three divorces given at one time count as only one revocable divorce.
All of these scholars have also issued verdicts consistent with this position.
If Muhammad Ilyas indeed divorced his wife Zeba Nisa for the first time on November 5, 1994, and all three pronouncements were made in a single sitting, then only one revocable (raj‘i) divorce has occurred.
Thus:
﴿وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجَلَهُنَّ فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ إِذَا تَرَاضَوْا بَيْنَهُم بِالْمَعْرُوفِ﴾
(Surah Al-Baqarah, 2:232)
“When you divorce women and they have completed their prescribed waiting period, do not prevent them from remarrying their former husbands if they mutually agree on fair terms.”
This verse was revealed concerning Ma‘qil ibn Yasar (رضي الله عنه), who had initially forbidden his sister from remarrying her former husband.
✔ Three divorces pronounced at one time count as a single revocable divorce, provided that it was the first time a divorce was given.
✔ The marriage ended after the ‘iddah, but a new marriage (nikah) between them is permissible without halalah.
✔ The time for simple reconciliation (ruju‘) has passed, but remarriage is valid.
✔ This fatwa is based on the accuracy of the question’s details; the Mufti is not legally responsible for any procedural or legal issues.
Conclusion:
If the details provided are true, then Muhammad Ilyas’s pronouncement of three divorces in one sitting resulted in only one revocable divorce.
Hence, after the expiry of the waiting period, he may lawfully remarry his former wife without any halalah, by performing a new nikah.
❖ Question:
Respected scholars are requested to clarify the following matter:
My brother Muhammad Ilyas divorced his wife Zeba Nisa on November 5, 1994, due to domestic disputes and disagreements. He pronounced three divorces at one and the same time. Now he wishes to reconcile with his divorced wife.
Please explain, in the light of the Qur’an and authentic Hadith, whether it is permissible for him to reconcile with her or not.
Note: I solemnly affirm under oath that my brother had never divorced his wife prior to this incident.
❖ Answer:
Alhamdulillah, and may peace and blessings be upon the Messenger of Allah.
If the question is accurate as presented, then according to Islamic law, only one revocable (raj‘i) divorce has taken place.
Based on the clear texts of the Qur’an and authentic Ahadith, as well as the statements of the leading scholars of the Ummah, three divorces pronounced at once count as only one revocable divorce.
The detailed explanation is as follows:
✿ Evidence from the Qur’an
Verse 1:
﴿الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ﴾
(Surah Al-Baqarah, 2:229)
“Divorce is to be pronounced twice; then either retain [the wife] in an acceptable manner or release [her] with kindness.”
In this verse, the word “مَرَّتَانِ (marratān)” is the dual of “مَرَّة (marrah)”, which means one occasion or one time.
A similar linguistic structure is found in the Qur’an:
Verse 2:
﴿يَا أَيُّهَا الَّذِينَ آمَنُوا لِيَسْتَأْذِنكُمُ الَّذِينَ مَلَكَتْ أَيْمَانُكُمْ ... ثَلَاثَ مَرَّاتٍ﴾
(Surah An-Nur, 24:58)
“O you who believe! Let those whom your right hands possess and those among you who have not reached puberty ask permission of you three times a day…”
Here, the phrase “three times” clearly refers to three separate occasions, not a triple act performed simultaneously.
Therefore, according to the Qur’anic principle “القرآن يفسر بعضه بعضاً” (The Qur’an explains itself), the phrase “الطلاق مرتان” means divorce is to be given twice at separate occasions — not two utterances at once.
If the intention were two divorces at once, the Qur’an would have said “الطلاق طلقتان”, which it does not.
Hence, the Qur’an itself establishes that three divorces pronounced together amount to only one revocable divorce.
✿ Evidence from the Sunnah
Hadith 1:
Narrated by Ibn ‘Abbas (رضي الله عنه):
“During the lifetime of the Messenger of Allah ﷺ, and the time of Abu Bakr (رضي الله عنه), and for the first two years of the caliphate of ‘Umar (رضي الله عنه), a triple divorce was counted as one.”
(Sahih Muslim, Kitab at-Talaq, Vol. 1, p. 477)
This hadith clearly proves that during the Prophet’s era and the early caliphates, three divorces pronounced at once were treated as one single divorce.
Hadith 2 (A Practical Case):
Narrated by Ibn ‘Abbas (رضي الله عنه):
“Rukanah ibn ‘Abd Yazid (رضي الله عنه) divorced his wife three times in a single sitting. He felt deep regret. The Messenger of Allah ﷺ asked him, ‘How did you divorce her?’ He said, ‘I gave her three divorces in one sitting.’
The Prophet ﷺ asked, ‘In one sitting?’ He said, ‘Yes.’
The Prophet ﷺ said, ‘That counts as only one divorce; if you wish, you may take her back.’ So he took her back.”
(Musnad Ahmad; Abu Ya‘la; Fath al-Bari, Vol. 9, p. 216; Nayl al-Awtar, Vol. 6, p. 361; al-Ta‘liq al-Mughni, Vol. 4, p. 47)
This hadith is explicit and decisive, leaving no room for interpretation:
Three divorces given in a single session are regarded as one according to the judgment of the Prophet ﷺ himself.
✿ Consensus Among the Companions (رضي الله عنهم):
More than one thousand Companions of the Prophet ﷺ held the view that three divorces pronounced together equal one revocable divorce.
(See: Maqalat ‘Ilmiyyah, p. 247)
✿ Views of the Hanafi and Other Scholars
Among the Hanafi Scholars:
- Imam Muhammad ibn Muqatil ar-Razi (student of Imam Abu Hanifah)
- Mufti Zafiruddin (Mufti, Darul Uloom Deoband)
- Allamah Sa‘id Ahmad Akbarabadi (Hanafi)
- Allamah Urooj Qadri (Hanafi)
- Pir Karam Shah al-Azhari (Barelvi)
All of the above scholars affirmed that three divorces given at one time count as only one revocable divorce.
Among Other Great Scholars:
- Shaykh al-Islam Ibn Taymiyyah
- Imam Ibn al-Qayyim
- Shaykh Sayyid Nadhir Husayn al-Dehlawi
- Shaykh al-Islam Thanaullah Amritsari
- Grand Mufti of Saudi Arabia, Shaykh ‘Abdul-‘Aziz bin Baz
All of these scholars have also issued verdicts consistent with this position.
✿ Legal and Practical Ruling for the Case in Question
If Muhammad Ilyas indeed divorced his wife Zeba Nisa for the first time on November 5, 1994, and all three pronouncements were made in a single sitting, then only one revocable (raj‘i) divorce has occurred.
Thus:
- The marriage bond was dissolved after the divorce and completion of the ‘iddah (waiting period).
- However, since this was the first divorce, a new nikah (marriage contract) can be performed without any halalah (intervening marriage).
✿ Qur’anic Evidence for Renewing the Marriage
﴿وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجَلَهُنَّ فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ إِذَا تَرَاضَوْا بَيْنَهُم بِالْمَعْرُوفِ﴾
(Surah Al-Baqarah, 2:232)
“When you divorce women and they have completed their prescribed waiting period, do not prevent them from remarrying their former husbands if they mutually agree on fair terms.”
This verse was revealed concerning Ma‘qil ibn Yasar (رضي الله عنه), who had initially forbidden his sister from remarrying her former husband.
✿ Summary and Final Ruling
✔ Three divorces pronounced at one time count as a single revocable divorce, provided that it was the first time a divorce was given.
✔ The marriage ended after the ‘iddah, but a new marriage (nikah) between them is permissible without halalah.
✔ The time for simple reconciliation (ruju‘) has passed, but remarriage is valid.
✔ This fatwa is based on the accuracy of the question’s details; the Mufti is not legally responsible for any procedural or legal issues.
References:
- al-Ta‘liq al-Mughni, Vol. 4, p. 47
- Maqalat ‘Ilmiyyah, p. 247
- Sahih al-Bukhari – Kitab at-Talaq and Kitab at-Tafsir
Conclusion:
If the details provided are true, then Muhammad Ilyas’s pronouncement of three divorces in one sitting resulted in only one revocable divorce.
Hence, after the expiry of the waiting period, he may lawfully remarry his former wife without any halalah, by performing a new nikah.
