Excerpt from the book: Ahkām wa Masā’il – In the Light of Qur’an and Sunnah by Shaykh Mubashir Ahmad Rabbani
A man issued three divorces to his wife in one sitting. A month later, he expressed his desire to reconcile in the presence of nearly five witnesses. However, the wife’s parents consulted Barelvi scholars, who issued a fatwa from Jamia Naeemia and Jamia Rasoolia stating that reconciliation is not possible without ḥalālah. Now, seven months have passed since the separation, and both the husband and wife wish to reunite. Kindly issue a fatwa on whether reconciliation is possible, and also clarify in the light of the Qur’an and Sunnah whether the divorce actually occurred.
It should be clearly understood that three divorces pronounced in a single sitting—whether written or verbal—are counted as only one divorce in Sharī‘ah.
This is established from the narration of Sayyidunā ʿAbdullāh ibn ʿAbbās رضي الله عنهما who said:
كان الطلاق على عهد رسول الله صلى الله عليه وسلم وأبي بكر وسنتين من خلافة عمر طلاق الثلاث واحدة
"During the time of the Messenger of Allah ﷺ, the era of Abu Bakr رضي الله عنه, and the first two years of the caliphate of ʿUmar رضي الله عنه, three divorces (given in one sitting) were considered as one."
Ṣaḥīḥ Muslim, Kitāb al-Ṭalāq, Bāb Ṭalāq al-Thalāth (1472)
Similarly, it is narrated from Sayyidunā Ibn ʿAbbās رضي الله عنهما that Rukānah رضي الله عنه gave three divorces to his wife in one sitting, and then regretted it. The Messenger of Allah ﷺ asked:
"How did you give the divorce?"
He replied: ثلاثا فى مجلس واحد
"I gave her three divorces in one sitting."
According to Musnad Ahmad, the Prophet ﷺ then said:
فإنما تلك واحدة، فارجعها إن شئت، قال فرجعها
"Indeed, that is considered as one. So if you wish, you may take her back."
The narrator said: He then took her back.
Musnad Abī Yaʿlā (2/458, Ḥadīth 2495), Musnad Ahmad (1/265, Ḥadīth 2387), Fatḥ al-Bārī (9/362)
Ḥāfiẓ Ibn Ḥajar رحمه الله considered this ḥadīth a clear textual proof (naṣṣ) regarding the ruling on divorce.
Thus, it is established that three divorces given in one sitting count only as one divorce in the Sharī‘ah.
Therefore, Muḥammad Shehbāz still holds the right to reconcile with his wife.
The Messenger of Allah ﷺ said:
لعن الله المحلل والمحلل له
"Allah curses the one who performs ḥalālah and the one for whom it is performed."
Sunan Ibn Mājah, Kitāb al-Nikāḥ, Bāb al-Muḥallil wa al-Muḥallal lahu (1934–1936)
Even the well-known Barelvi scholar Karam Shah al-Azhari translated this ḥadīth as:
“The one who performs ḥalālah is cursed by Allah, and so is the dishonourable man for whom it is being done.”
Ḍiyā’ al-Qur’ān (1/1409)
① Three divorces in one sitting = one divorce only, as per authentic narrations from the Prophet ﷺ.
② The husband retains the right to reconciliation either through rujū‘ (if within ʿiddah) or fresh nikāḥ (if after ʿiddah).
③ Ḥalālah is prohibited and cursed in Islam, and not a valid requirement for reconciliation in such a case.
Yes, the husband and wife may reunite without ḥalālah.
Their case falls under the category where reconciliation is permitted through a new marriage contract, if the waiting period has expired.
❖ Question:
A man issued three divorces to his wife in one sitting. A month later, he expressed his desire to reconcile in the presence of nearly five witnesses. However, the wife’s parents consulted Barelvi scholars, who issued a fatwa from Jamia Naeemia and Jamia Rasoolia stating that reconciliation is not possible without ḥalālah. Now, seven months have passed since the separation, and both the husband and wife wish to reunite. Kindly issue a fatwa on whether reconciliation is possible, and also clarify in the light of the Qur’an and Sunnah whether the divorce actually occurred.
❖ Answer:
It should be clearly understood that three divorces pronounced in a single sitting—whether written or verbal—are counted as only one divorce in Sharī‘ah.
This is established from the narration of Sayyidunā ʿAbdullāh ibn ʿAbbās رضي الله عنهما who said:
كان الطلاق على عهد رسول الله صلى الله عليه وسلم وأبي بكر وسنتين من خلافة عمر طلاق الثلاث واحدة
"During the time of the Messenger of Allah ﷺ, the era of Abu Bakr رضي الله عنه, and the first two years of the caliphate of ʿUmar رضي الله عنه, three divorces (given in one sitting) were considered as one."
Ṣaḥīḥ Muslim, Kitāb al-Ṭalāq, Bāb Ṭalāq al-Thalāth (1472)Similarly, it is narrated from Sayyidunā Ibn ʿAbbās رضي الله عنهما that Rukānah رضي الله عنه gave three divorces to his wife in one sitting, and then regretted it. The Messenger of Allah ﷺ asked:
"How did you give the divorce?"
He replied: ثلاثا فى مجلس واحد
"I gave her three divorces in one sitting."
According to Musnad Ahmad, the Prophet ﷺ then said:
فإنما تلك واحدة، فارجعها إن شئت، قال فرجعها
"Indeed, that is considered as one. So if you wish, you may take her back."
The narrator said: He then took her back.
Musnad Abī Yaʿlā (2/458, Ḥadīth 2495), Musnad Ahmad (1/265, Ḥadīth 2387), Fatḥ al-Bārī (9/362)Ḥāfiẓ Ibn Ḥajar رحمه الله considered this ḥadīth a clear textual proof (naṣṣ) regarding the ruling on divorce.
Thus, it is established that three divorces given in one sitting count only as one divorce in the Sharī‘ah.
✔ Ruling for the Case at Hand:
Therefore, Muḥammad Shehbāz still holds the right to reconcile with his wife.
- ❖ If the ‘iddah (waiting period) has not yet passed, he may take her back through rujū‘ (revocation).
- ❖ If the ‘iddah has passed, then they may renew the marriage contract (nikāḥ) and reestablish the household.
- ❖ There is absolutely no need for an abhorrent practice such as ḥalālah.
✿ Warning Against Ḥalālah:
The Messenger of Allah ﷺ said:
لعن الله المحلل والمحلل له
"Allah curses the one who performs ḥalālah and the one for whom it is performed."
Sunan Ibn Mājah, Kitāb al-Nikāḥ, Bāb al-Muḥallil wa al-Muḥallal lahu (1934–1936)Even the well-known Barelvi scholar Karam Shah al-Azhari translated this ḥadīth as:
“The one who performs ḥalālah is cursed by Allah, and so is the dishonourable man for whom it is being done.”
Ḍiyā’ al-Qur’ān (1/1409)
Summary:
① Three divorces in one sitting = one divorce only, as per authentic narrations from the Prophet ﷺ.
② The husband retains the right to reconciliation either through rujū‘ (if within ʿiddah) or fresh nikāḥ (if after ʿiddah).
③ Ḥalālah is prohibited and cursed in Islam, and not a valid requirement for reconciliation in such a case.
Verdict:
Yes, the husband and wife may reunite without ḥalālah.
Their case falls under the category where reconciliation is permitted through a new marriage contract, if the waiting period has expired.
