Source: Fatāwā Muḥammadiyyah, Vol. 1, p. 722
The petitioner, Muhammad Ayub, son of Shamad, of the Kharal tribe, resident of Tori Qasim, Tehsil Nankana, District Sheikhupura, states:
Due to family disputes and parental discord, he gave his wife, Zubaida Bibi, daughter of Muhammad Munshee (of the same village and tribe), three divorces in one sitting, approximately one and a half years ago, in a state of anger.
Now that all issues have been resolved and both families are willing for the couple to reunite, the following questions arise:
◄ Can the husband and wife live together again based on the original nikah?
◄ Is a new nikah required, or does the first nikah still remain valid?
◄ Is ḥalālah necessary?
◄ Or can the couple resume living together without a new nikah or ḥalālah?
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
Assuming the accuracy of the question, based on authentic and connected evidences from the Qur’ān and the Sunnah, a single revocable (rajʿī) divorce took effect, and the previous nikah has ended due to expiry of the waiting period (ʿiddah).
Arabic:
﴿ٱلطَّلَٰقُ مَرَّتَانِ فَإِمْسَاكٌۢ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَـٰنٍ﴾
Surah al-Baqarah (2:229)
Translation:
“Divorce is twice. Then [after that], either keep [her] in an acceptable manner or release [her] with good treatment.”
☞ The term "marra-tān" (twice) refers to two separate occasions/sittings, not two words of divorce in one sitting. This is supported by similar language in other verses of the Qur’ān:
Arabic:
﴿ثَلَاثَ مَرَّاتٍ﴾ – “Three times...”
(Surah al-Nūr: 58)
Here, "three times" means three separate instances, not utterances within one instance.
Arabic:
“كَانَ الطَّلَاقُ عَلَى عَهْدِ رَسُولِ اللَّهِ ﷺ، وَأَبِي بَكْرٍ، وَسَنَتَيْنِ مِنْ خِلَافَةِ عُمَرَ، طَلَاقُ الثَّلَاثِ وَاحِدَةً”
(Ṣaḥīḥ Muslim, Vol. 1, p. 477; Musnad Aḥmad, p. 314)
Translation:
“During the lifetime of the Messenger of Allah ﷺ, the era of Abū Bakr, and the first two years of ʿUmar’s caliphate, three divorces given in one sitting were counted as one.”
He gave his wife three divorces in one sitting, but regretted it. The Prophet ﷺ asked:
“How did you divorce her?”
He replied: “I gave all three at once.”
The Prophet ﷺ said:
“It is one (revocable) divorce. If you wish, take her back.”
(Narrated by Aḥmad, Abū Yaʿlā; Fatḥ al-Bārī, Vol. 9, p. 310; Nayl al-Awṭār, Vol. 2, p. 261)
◈ Over 1,000 companions, including ʿAlī, Zubayr, ʿAbd al-Raḥmān ibn ʿAwf, and Abū Mūsā al-Ashʿarī رضي الله عنهم,** issued the ruling that three divorces in one sitting count as one.
(al-Taʿlīq al-Mughnī, Vol. 4, p. 47)
◈ This view is also attributed to Imām Abū Ḥanīfah رحمه الله in one of his opinions.
(al-Taʿlīq al-Mughnī, Vol. 4, p. 48)
◈ It is also the position of Imām Mālik, some Ḥanbalīs, Imām Ibn Taymiyyah, Imām Ibn al-Qayyim, and many scholars of the Indian subcontinent, such as Mawlānā Saʿīd Aḥmad Akbarābādī, Mawlānā ʿAbd al-Ḥalīm Qāsmī, and ʿAllāmah Karam Shāh al-Barelwī رحمهم الله.
◉ Three divorces given in one sitting count as one revocable (rajʿī) divorce.
◉ Since one and a half years have passed, the ʿiddah is over, and the original nikah has ended.
◉ However, Sharīʿah allows remarriage, since it was only the first divorce.
Arabic:
﴿فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ﴾
Surah al-Baqarah (2:232)
Translation:
“Do not prevent them from remarrying their [former] husbands if they agree among themselves in a lawful manner.”
The incident of Maʿqil ibn Yasār رضي الله عنه, recorded in Ṣaḥīḥ al-Bukhārī, confirms that after a divorce and expiry of the ʿiddah, a couple may remarry.
◈ One revocable divorce occurred.
◈ Since the ʿiddah is over, the previous nikah is no longer in effect.
◈ However, a new nikah is allowed without the need for ḥalālah.
◈ The couple may reunite by performing a fresh nikah.
This ruling is based on the condition that no other divorce occurred besides the one mentioned.
هٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
❖ Question:
The petitioner, Muhammad Ayub, son of Shamad, of the Kharal tribe, resident of Tori Qasim, Tehsil Nankana, District Sheikhupura, states:
Due to family disputes and parental discord, he gave his wife, Zubaida Bibi, daughter of Muhammad Munshee (of the same village and tribe), three divorces in one sitting, approximately one and a half years ago, in a state of anger.
Now that all issues have been resolved and both families are willing for the couple to reunite, the following questions arise:
◄ Can the husband and wife live together again based on the original nikah?
◄ Is a new nikah required, or does the first nikah still remain valid?
◄ Is ḥalālah necessary?
◄ Or can the couple resume living together without a new nikah or ḥalālah?
❖ Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
Assuming the accuracy of the question, based on authentic and connected evidences from the Qur’ān and the Sunnah, a single revocable (rajʿī) divorce took effect, and the previous nikah has ended due to expiry of the waiting period (ʿiddah).
✦ Evidence from the Qur’ān:
Arabic:
﴿ٱلطَّلَٰقُ مَرَّتَانِ فَإِمْسَاكٌۢ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَـٰنٍ﴾
Surah al-Baqarah (2:229)
Translation:
“Divorce is twice. Then [after that], either keep [her] in an acceptable manner or release [her] with good treatment.”
☞ The term "marra-tān" (twice) refers to two separate occasions/sittings, not two words of divorce in one sitting. This is supported by similar language in other verses of the Qur’ān:
Arabic:
﴿ثَلَاثَ مَرَّاتٍ﴾ – “Three times...”
(Surah al-Nūr: 58)
Here, "three times" means three separate instances, not utterances within one instance.
✦ Evidence from the Sunnah:
➊ Narration from Ibn ʿAbbās رضي الله عنه:
Arabic:
“كَانَ الطَّلَاقُ عَلَى عَهْدِ رَسُولِ اللَّهِ ﷺ، وَأَبِي بَكْرٍ، وَسَنَتَيْنِ مِنْ خِلَافَةِ عُمَرَ، طَلَاقُ الثَّلَاثِ وَاحِدَةً”
(Ṣaḥīḥ Muslim, Vol. 1, p. 477; Musnad Aḥmad, p. 314)
Translation:
“During the lifetime of the Messenger of Allah ﷺ, the era of Abū Bakr, and the first two years of ʿUmar’s caliphate, three divorces given in one sitting were counted as one.”
➋ The Case of Rukānah ibn Yazīd رضي الله عنه:
He gave his wife three divorces in one sitting, but regretted it. The Prophet ﷺ asked:
“How did you divorce her?”
He replied: “I gave all three at once.”
The Prophet ﷺ said:
“It is one (revocable) divorce. If you wish, take her back.”
(Narrated by Aḥmad, Abū Yaʿlā; Fatḥ al-Bārī, Vol. 9, p. 310; Nayl al-Awṭār, Vol. 2, p. 261)
✦ Position of the Companions and Scholars:
◈ Over 1,000 companions, including ʿAlī, Zubayr, ʿAbd al-Raḥmān ibn ʿAwf, and Abū Mūsā al-Ashʿarī رضي الله عنهم,** issued the ruling that three divorces in one sitting count as one.
(al-Taʿlīq al-Mughnī, Vol. 4, p. 47)
◈ This view is also attributed to Imām Abū Ḥanīfah رحمه الله in one of his opinions.
(al-Taʿlīq al-Mughnī, Vol. 4, p. 48)
◈ It is also the position of Imām Mālik, some Ḥanbalīs, Imām Ibn Taymiyyah, Imām Ibn al-Qayyim, and many scholars of the Indian subcontinent, such as Mawlānā Saʿīd Aḥmad Akbarābādī, Mawlānā ʿAbd al-Ḥalīm Qāsmī, and ʿAllāmah Karam Shāh al-Barelwī رحمهم الله.
Conclusion:
◉ Three divorces given in one sitting count as one revocable (rajʿī) divorce.
◉ Since one and a half years have passed, the ʿiddah is over, and the original nikah has ended.
◉ However, Sharīʿah allows remarriage, since it was only the first divorce.
✦ Qur’anic Permission for Remarriage:
Arabic:
﴿فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ﴾
Surah al-Baqarah (2:232)
Translation:
“Do not prevent them from remarrying their [former] husbands if they agree among themselves in a lawful manner.”
✦ Example from the Sunnah:
The incident of Maʿqil ibn Yasār رضي الله عنه, recorded in Ṣaḥīḥ al-Bukhārī, confirms that after a divorce and expiry of the ʿiddah, a couple may remarry.
Final Ruling:
◈ One revocable divorce occurred.
◈ Since the ʿiddah is over, the previous nikah is no longer in effect.
◈ However, a new nikah is allowed without the need for ḥalālah.
◈ The couple may reunite by performing a fresh nikah.
This ruling is based on the condition that no other divorce occurred besides the one mentioned.هٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
