Authored by: Qari Usama bin Abdul Salam (Hafizahullah)
References:
Reference: Masail Al-Imam Ahmad by Ishaq bin Rahwayh, Vol. 1, p. 414, Hadith 1069
Reference: Masail Al-Imam Ahmad by Ishaq bin Rahwayh, Vol. 1, p. 415, Hadith 1070
Reference: Musannaf Ibn Abi Shaybah, Hadith 18061
Reference: Sunan An-Nasa’i, Hadith 3435
Reference: Al-Sunan Al-Kubra by Al-Bayhaqi, Hadith 14749
Reference: Musannaf Abdul Razzaq, Vol. 6, p. 335, Hadith 11079
References:
References:
Warning Against Concealing the Truth:
Refer to Surah Al-Baqarah (2:159), Sahih Bukhari (118, 128), Sahih Muslim (32, 2492), Musnad Ahmad (Vol. 2, p. 263), Abu Dawood (3685), Tirmidhi (2649), Ibn Majah (261, 262).
Final Note:
The scholars’ understanding of the narrations concerning triple divorce is clear and firmly rooted in the principles of Islamic jurisprudence. Any generalization beyond this context requires strong evidence.
وما علینا إلا البلاغ
(Our duty is only to convey.)
Context of the Hadith
During the time of the Prophet Muhammad (ﷺ), the Caliphate of Abu Bakr (RA), and the early two years of Umar bin Khattab’s (RA) Caliphate, three pronouncements of divorce were counted as one.References:
- Sahih Muslim (1472)
- Musnad Ahmad (2877)
- Musannaf Abdul Razzaq (11336)
- Musannaf Ibn Abi Shaybah (18061)
- Sunan Abu Dawood (2200)
- Sunan An-Nasa’i (3435)
- Al-Sunan Al-Kubra by Al-Bayhaqi (14749)
- Musnad Abu Awana (4534)
- Ad-Daraqutni (3983)
- Al-Mustadrak (2793)
- Al-Mu‘jam Al-Kabir (10916)
Scholarly Opinions on This Hadith
1. Imam Ahmad bin Hanbal:
Imam Ahmad stated that all companions of Abdullah bin Abbas (RA) disagreed with the interpretation of Tawoos, as no other companion narrated such a view.Reference: Masail Al-Imam Ahmad by Ishaq bin Rahwayh, Vol. 1, p. 414, Hadith 1069
2. Imam Ishaq bin Rahwayh:
He opined that this narration referred to a non-consummated marriage.Reference: Masail Al-Imam Ahmad by Ishaq bin Rahwayh, Vol. 1, p. 415, Hadith 1070
3. Imam Abu Bakr Ibn Abi Shaybah:
He included this narration under the chapter of non-consummated marriages.Reference: Musannaf Ibn Abi Shaybah, Hadith 18061
4. Imam An-Nasa’i:
He also placed this narration in the context of non-consummated marriages.Reference: Sunan An-Nasa’i, Hadith 3435
5. Imam Al-Bayhaqi:
He categorized this narration under the chapter related to non-consummated marriages.Reference: Al-Sunan Al-Kubra by Al-Bayhaqi, Hadith 14749
6. Imam Abdul Razzaq As-San‘ani:
He narrated with an authentic chain from Abdullah bin Abbas (RA) that he considered three divorces as one in cases of non-consummated marriages.Reference: Musannaf Abdul Razzaq, Vol. 6, p. 335, Hadith 11079
7. Other Notable Scholars:
Imam Ishaq bin Rahwayh, along with other narrations, supported the view of this being specific to non-consummated marriages.References:
- Musnad Ishaq bin Rahwayh, Hadith 774, 775, 781
- Al-Sunan Al-Kubra by Al-Bayhaqi, Hadith 14863
8. Followers of Ibn Abbas (RA):
Students of Ibn Abbas (RA), including Ikrimah, Ata, Tawoos, Jabir bin Zayd, and others, held the view that three divorces counted as one in cases of non-consummated marriages.References:
- Sunan Said bin Mansur (1077)
- Musannaf Ibn Abi Shaybah (17880)
- Musannaf Abdul Razzaq (11079)
Conclusion Derived from Scholarly Insights
- The narration from Abdullah bin Abbas (RA) regarding three divorces being counted as one is specific to non-consummated marriages.
- None of the early scholars up to the third century Hijri are known to have applied this ruling to consummated marriages.
- The understanding of the Hadith is well-preserved by the Imams of Hadith and their students.
Warning Against Concealing the Truth:
Refer to Surah Al-Baqarah (2:159), Sahih Bukhari (118, 128), Sahih Muslim (32, 2492), Musnad Ahmad (Vol. 2, p. 263), Abu Dawood (3685), Tirmidhi (2649), Ibn Majah (261, 262).
Final Note:
The scholars’ understanding of the narrations concerning triple divorce is clear and firmly rooted in the principles of Islamic jurisprudence. Any generalization beyond this context requires strong evidence.
وما علینا إلا البلاغ
(Our duty is only to convey.)