Source: "Eik Majlis Mein Teen Talaaqein Aur Us Ka Shar‘i Ḥal" authored by Ḥāfiẓ Ṣalāḥuddīn Yūsuf (Advisor, Federal Sharī‘ah Court, Pakistan)
From the preceding discussion, it becomes clear that pronouncing divorce impulsively in a fit of anger over trivial matters is neither recommended in Sharīʿah nor becoming of a man. Allah ﷻ has granted the right of divorce to men, not women, because men generally possess more patience and emotional restraint compared to women.
However, many men forget this noble responsibility and impulsively pronounce divorce in anger, and once their emotions subside, they come to realize that their peaceful home has been destroyed. Their blooming garden has withered, and their dreams have been shattered.
The primary reason for this devastation is adopting the wrong method of divorce — specifically, issuing three divorces in one sitting, which is unanimously considered an illegitimate method.
The correct Shar‘ī method is to give one divorce during a state of ṭuhr (purity) in which no sexual relations have taken place — and only in circumstances where no other option remains.
As mentioned earlier, when the Sunnah method of issuing only one divorce is followed:
Thus, there remains no need to issue a second or third divorce. It's a simple logic: if one divorce suffices, why issue three at once?
Unfortunately, ignorance is widespread, even among lawyers and legal scribes. When someone approaches them for writing a divorce, they also write three divorces, unaware of the consequences.
The Prophet ﷺ severely condemned pronouncing three divorces in one instance, calling it mockery of Allah’s Book.
This wrongful practice has caused much disagreement among scholars:
أَلَا أُخْبِرُكُمْ بِٱلتَّيْسِ ٱلْمُسْتَعَارِ؟
"Shall I not inform you about the borrowed billy-goat?"
They said: "Yes, O Messenger of Allah!"
He replied:
"He is the muḥallil (the one who marries the woman temporarily to legalize her for her former husband). May Allah curse the muḥallil and the one for whom it is done."
[Sunan Ibn Mājah, Kitāb al-Nikāḥ, Bāb al-Muḥallil wal-Muḥallal Lahu: 1936]
[Mustadrak al-Ḥākim: 2805 | Al-Sunan al-Kubrā by al-Bayhaqī: 7/208]
Another scholarly opinion is that three divorces in one sitting are to be counted as only one revocable divorce (ṭalāq raj‘ī).
Allah ﷻ says:
ٱلطَّلَٰقُ مَرَّتَانِ ۖ فَإِمْسَاكٌۢ بِمَعۡرُوفٍ أَوۡ تَسۡرِيحٌۢ بِإِحۡسَٰنٍ
"Divorce is twice, then either retain [her] in an acceptable manner or release [her] with good treatment."
[Sūrah al-Baqarah: 229]
This verse grants a man two opportunities to reconsider his decision after issuing divorce. After the third, reconciliation is no longer allowed, and the woman becomes ḥarām for the man unless she genuinely marries another man.
This Qur’ānic style of gradual decision-making is contradicted when one issues three divorces in a single instance, thereby eliminating the opportunity Allah has provided for reflection and reconciliation.
Thus, considering three divorces in one sitting as one revocable divorce aligns more closely with the wisdom and guidance of the Qur’an.
“Rukānah ibn Abī Yazīd divorced his wife three times in one sitting, then regretted it immensely. The Prophet ﷺ asked, ‘How did you divorce her?’
He replied, ‘Three times.’
The Prophet ﷺ asked, ‘In one sitting?’
He said, ‘Yes.’
The Prophet ﷺ said, ‘Then it is only one divorce. You may return to her if you wish.’
So he took her back.”
[Musnad Aḥmad: 4/123 – Verified by Aḥmad Shākir]
Ibn Ḥajar رحمه الله said:
"This ḥadīth is explicit in the issue and not open to reinterpretation like other narrations."
[Fatḥ al-Bārī: 9/362]
“During the time of the Prophet ﷺ, Abū Bakr, and the first two years of ʿUmar’s caliphate, three divorces in one sitting were considered as one.”
[Ṣaḥīḥ Muslim: 1472 | Mustadrak al-Ḥākim: 2/196 | Sunan al-Dāraquṭnī: 3961]
Based on the above Qur’anic and ḥadīth evidence, many contemporary Ḥanafī scholars have adopted the same position:
Notable scholars supporting this view include:
Their opinions and writings are documented in the book "Eik Majlis Ki Teen Ṭalāqein."
Example:
Mawlānā ʿAbd al-Ḥayy Lakhnawī رحمه الله was asked:
Zayd issued three divorces to his wife but still loves her dearly. Can he act upon the Shāfiʿī opinion to remarry her?
He replied:
"In dire necessity, it is permissible to follow the Shāfiʿī opinion."
[Fatāwā Mawlānā ʿAbd al-Ḥayy: p. 166]
Likewise, Muftī Kifāyatullāh رحمه الله, the Grand Muftī of India, permitted the same in exceptional cases:
A man took a fatwā from an Ahl-e-Ḥadīth scholar declaring the three divorces to be one, and resumed living with his wife. Other scholars accused the Ahl-e-Ḥadīth scholar of kufr, social boycott, and banned him from the masjid.
Muftī Kifāyatullāh responded:
“The opinion that three divorces equal one is held by some scholars, including Ibn ʿAbbās, Ṭāwūs, ʿIkrimah, and Ibn Isḥāq. Thus, it is not valid to accuse an Ahl-e-Ḥadīth scholar of disbelief for this fatwā.
Yes, it is impermissible for a Ḥanafī to seek a fatwā from them without necessity — but if done out of dire need, it can be excused.”
[Kifāyat al-Muftī: 6/361]
It is clear that the position that three divorces in one session count as one revocable divorce is not unique to the Ahl-e-Ḥadīth.
This opinion has existed since the time of the Companions and continues through every era with scholarly support.
Yet, unjustified criticism is directed at those who hold this view — despite its firm foundations in Qur’an, authentic Sunnah, and scholarly consensus in certain circles.
✿ The Issue of Triple Divorce (Ṭalāq al-Thalāthah) and Its Nature
From the preceding discussion, it becomes clear that pronouncing divorce impulsively in a fit of anger over trivial matters is neither recommended in Sharīʿah nor becoming of a man. Allah ﷻ has granted the right of divorce to men, not women, because men generally possess more patience and emotional restraint compared to women.
However, many men forget this noble responsibility and impulsively pronounce divorce in anger, and once their emotions subside, they come to realize that their peaceful home has been destroyed. Their blooming garden has withered, and their dreams have been shattered.
The primary reason for this devastation is adopting the wrong method of divorce — specifically, issuing three divorces in one sitting, which is unanimously considered an illegitimate method.
The correct Shar‘ī method is to give one divorce during a state of ṭuhr (purity) in which no sexual relations have taken place — and only in circumstances where no other option remains.
✿ Benefits of Following the Correct Method
As mentioned earlier, when the Sunnah method of issuing only one divorce is followed:
- If reconciliation occurs, then all scholars, including the Ḥadīth scholars and the four jurists, agree that within the ʿiddah period (i.e., three menstrual cycles or three months), the husband may revoke the divorce.
- If reconciliation does not occur and the ʿiddah ends, the marital bond terminates, and the woman is free to remarry, even with the same husband through a new marriage contract.
Thus, there remains no need to issue a second or third divorce. It's a simple logic: if one divorce suffices, why issue three at once?
Unfortunately, ignorance is widespread, even among lawyers and legal scribes. When someone approaches them for writing a divorce, they also write three divorces, unaware of the consequences.
✿ The Prophet’s ﷺ Displeasure Over Triple Divorce
The Prophet ﷺ severely condemned pronouncing three divorces in one instance, calling it mockery of Allah’s Book.
This wrongful practice has caused much disagreement among scholars:
- Some scholars claim that all three divorces become effective, and thus ḥalālah is required before remarriage — even though Islam contains no concept of ḥalālah. Rather, it is a despicable act that no honorable man or woman can accept.
- The Prophet ﷺ cursed both the one who performs ḥalālah and the one for whom it is done.
He said:
أَلَا أُخْبِرُكُمْ بِٱلتَّيْسِ ٱلْمُسْتَعَارِ؟
"Shall I not inform you about the borrowed billy-goat?"
They said: "Yes, O Messenger of Allah!"
He replied:
"He is the muḥallil (the one who marries the woman temporarily to legalize her for her former husband). May Allah curse the muḥallil and the one for whom it is done."
[Sunan Ibn Mājah, Kitāb al-Nikāḥ, Bāb al-Muḥallil wal-Muḥallal Lahu: 1936] [Mustadrak al-Ḥākim: 2805 | Al-Sunan al-Kubrā by al-Bayhaqī: 7/208]✿ An Alternate Scholarly Opinion
Another scholarly opinion is that three divorces in one sitting are to be counted as only one revocable divorce (ṭalāq raj‘ī).
- In this case, the husband may revoke the divorce during ʿiddah without a new marriage contract.
- If ʿiddah ends, a new nikāḥ is required.
- No ḥalālah is required for remarrying in such a case.
- The ruling applies to the first and second divorce.
- After the third divorce, no reconciliation or nikāḥ is permitted unless the woman marries another man and the second husband divorces her willingly or passes away.
✿ Evidence from the Qur’an
Allah ﷻ says:
ٱلطَّلَٰقُ مَرَّتَانِ ۖ فَإِمْسَاكٌۢ بِمَعۡرُوفٍ أَوۡ تَسۡرِيحٌۢ بِإِحۡسَٰنٍ
"Divorce is twice, then either retain [her] in an acceptable manner or release [her] with good treatment."
[Sūrah al-Baqarah: 229]This verse grants a man two opportunities to reconsider his decision after issuing divorce. After the third, reconciliation is no longer allowed, and the woman becomes ḥarām for the man unless she genuinely marries another man.
This Qur’ānic style of gradual decision-making is contradicted when one issues three divorces in a single instance, thereby eliminating the opportunity Allah has provided for reflection and reconciliation.
Thus, considering three divorces in one sitting as one revocable divorce aligns more closely with the wisdom and guidance of the Qur’an.
✿ Evidence from the Sunnah
① Ḥadīth of Rukānah ibn Abī Yazīd رضي الله عنه:
“Rukānah ibn Abī Yazīd divorced his wife three times in one sitting, then regretted it immensely. The Prophet ﷺ asked, ‘How did you divorce her?’
He replied, ‘Three times.’
The Prophet ﷺ asked, ‘In one sitting?’
He said, ‘Yes.’
The Prophet ﷺ said, ‘Then it is only one divorce. You may return to her if you wish.’
So he took her back.”
[Musnad Aḥmad: 4/123 – Verified by Aḥmad Shākir]Ibn Ḥajar رحمه الله said:
"This ḥadīth is explicit in the issue and not open to reinterpretation like other narrations."
[Fatḥ al-Bārī: 9/362]② Ḥadīth of Ibn ʿAbbās رضي الله عنهما:
“During the time of the Prophet ﷺ, Abū Bakr, and the first two years of ʿUmar’s caliphate, three divorces in one sitting were considered as one.”
[Ṣaḥīḥ Muslim: 1472 | Mustadrak al-Ḥākim: 2/196 | Sunan al-Dāraquṭnī: 3961]✿ Admissions by Ḥanafī Scholars
Based on the above Qur’anic and ḥadīth evidence, many contemporary Ḥanafī scholars have adopted the same position:
- Three divorces in one session count as one, giving the husband the right to revocation during ʿiddah, or a new marriage afterward — without ḥalālah.
Notable scholars supporting this view include:
- Maulānā Saʿīd Aḥmad Akbarābādī (Editor, Burhān, Delhi)
- Maulānā ʿAbd al-Ḥalīm Qāsmī (Jāmiʿah Ḥanafiyyah, Lahore)
- Maulānā Pīr Karam Shāh al-Azharī (Supreme Appellate Sharīʿah Bench, Pakistan)
- Maulānā Ḥusayn ʿAlī Vān Bhichrān
Their opinions and writings are documented in the book "Eik Majlis Ki Teen Ṭalāqein."
✿ Fatāwā Supporting This View
Example:
Mawlānā ʿAbd al-Ḥayy Lakhnawī رحمه الله was asked:
Zayd issued three divorces to his wife but still loves her dearly. Can he act upon the Shāfiʿī opinion to remarry her?
He replied:
"In dire necessity, it is permissible to follow the Shāfiʿī opinion."
[Fatāwā Mawlānā ʿAbd al-Ḥayy: p. 166]Likewise, Muftī Kifāyatullāh رحمه الله, the Grand Muftī of India, permitted the same in exceptional cases:
A man took a fatwā from an Ahl-e-Ḥadīth scholar declaring the three divorces to be one, and resumed living with his wife. Other scholars accused the Ahl-e-Ḥadīth scholar of kufr, social boycott, and banned him from the masjid.
Muftī Kifāyatullāh responded:
“The opinion that three divorces equal one is held by some scholars, including Ibn ʿAbbās, Ṭāwūs, ʿIkrimah, and Ibn Isḥāq. Thus, it is not valid to accuse an Ahl-e-Ḥadīth scholar of disbelief for this fatwā.
Yes, it is impermissible for a Ḥanafī to seek a fatwā from them without necessity — but if done out of dire need, it can be excused.”
[Kifāyat al-Muftī: 6/361]✿ Conclusion
It is clear that the position that three divorces in one session count as one revocable divorce is not unique to the Ahl-e-Ḥadīth.
This opinion has existed since the time of the Companions and continues through every era with scholarly support.
Yet, unjustified criticism is directed at those who hold this view — despite its firm foundations in Qur’an, authentic Sunnah, and scholarly consensus in certain circles.
