Question:
I gave my wife three divorces in anger during a gathering. Now the question is that her ‘iddah (waiting period) is not yet complete and we want to reconcile. Can we do this, or do we have to perform halala first? Please explain with references from the Quran and Hadith.
Answer:
The command of Allah Almighty is:
﴿وَالطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ﴾
“Divorce is twice, then either keep [her] in an acceptable manner or release [her] with kindness.”
In this noble verse, Allah the Exalted mentions two revocable divorces, meaning those divorces after which the husband has the right to reconcile. If the husband wishes to reconcile, he can do so during the waiting period (‘iddah), and if the ‘iddah ends, he can renew the marriage contract. In this noble verse, “twice” (﴿أَوَلَا يَرَوْنَ أَنَّهُمْ يُفْتَنُونَ فِي كُلِّ عَامٍ مَرَّةً أَوْ مَرَّتَيْنِ﴾) is the dual form, and its singular is “once” (﴿يَا أَيُّهَا الَّذِينَ آمَنُوا لِيَسْتَأْذِنكُمُ الَّذِينَ مَلَكَتْ أَيْمَانُكُمْ وَالَّذِينَ لَمْ يَبْلُغُوا الْحُلُمَ مِنكُمْ ثَلَاثَ مَرَّاتٍ ۚ مِّن قَبْلِ صَلَاةِ الْفَجْرِ وَحِينَ تَضَعُونَ ثِيَابَكُم مِّنَ الظَّهِيرَةِ وَمِن بَعْدِ صَلَاةِ الْعِشَاءِ ۚ ثَلَاثُ عَوْرَاتٍ لَّكُمْ﴾), which means one time or once, as Allah the Exalted says:
﴿ثَلَاثَ مَرَّاتٍ﴾
“Do they not see that these people are tried once or twice every year?”
In this verse, too, “twice” means two separate occasions; it does not mean that they are caught in two trials at the same time or at the same moment every year. Allah Almighty said:
“O you who have believed, let your slaves and those who have not yet reached puberty among you ask permission of you [before entering] at three times: before the dawn prayer, and when you put aside your clothing [for rest] at noon, and after the night prayer. These are three times of privacy for you.”
In this verse, إن معناه التطليق الشرعي تطليقة بعد تطليقة على التفريق دون الجمع والإرسال مرة واحدة ولم يرد بالمرتين الثنية ومثله قوله تعالى: (لو أرجع البحر كرتين) أي كرة بعد كرة لا كرتين اثنتين means three different times, as explained further. Similarly, ﴿تِلْكَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَأُولَئِكَ هُمُ الظَّالِمُونَ﴾ does not mean two divorces at the same time, but two divorces at two separate occasions, and at each occasion, the man has the right to reconcile and also the option to let go. Allama Sindhi states:
أيلعب بكتاب الله وأنا بين أظهركم
“This means that the legal divorce is the one given with intervals, not all at once. The word ‘twice’ in the verse does not mean two divorces; its example is Allah’s command: ‘Then turn your gaze repeatedly.’ Here, ‘thrice’ does not mean turning the gaze twice but repeatedly.”
After these two occasions, if the husband divorces a third time, then this woman becomes permanently forbidden for that man. Those who pronounce three divorces all at once deprive the man of his right, whereas Allah Almighty has given this right to him, and depriving a right given by Allah is injustice and oppression. Therefore, after mentioning two divorces, Allah Almighty said at the end of the verse:
كيف طلقتها؟ قال طلقتها ثلاثا، قال فى محل واحد؟ قال نعم قال فإنما تلك واحدة فارجعها إن شئت قال فرجعها
“These are the limits set by Allah, so do not transgress them. And whoever transgresses the limits of Allah – it is those who are the wrongdoers.”
It is understood that divorcing outside the divine law is injustice and oppression and transgressing the limits of Allah, and pronouncing three divorces all at once is also mocking the Shariah and transgressing the limits of Allah. Mahmood bin Labeed relates that a man informed the Prophet Muhammad صلى الله عليه وسلم that he had given his wife three divorces all at once, so the Prophet صلى الله عليه وسلم stood up in anger and said:
كان الطلاق على عهد رسول الله صلى الله عليه وسلم وأبي بكر وسنتين من خلافة عمر طلاق الثلاث واحدة فقال عمر بن الخطاب إن الناس قد استعجلوا فى أمر كانت لهم فيه أناة فلو أمضيناه عليهم فأمضاه عليهم
“Is the Book of Allah being mocked in my presence?”
From this authentic hadith, it is understood that pronouncing three divorces all at once is mocking the law of Allah, and the Prophet صلى الله عليه وسلم was angry at such a divorce. It can also be understood that just as fulfilling a vow is generally obligatory, but if someone makes a vow for an unlawful act, that vow is not fulfilled. Similarly, three divorces at one time are invalid because they are against the Shariah. If someone suffers this injustice, continuing it is not wise. In one hadith, it is narrated that Rukana رضي الله عنه divorced his wife but then became very sorrowful and distressed. When he mentioned this to the Prophet صلى الله عليه وسلم, he asked:
إنه كان فى الصدر الأول إذا أرسل الثلاث حملة لم يحكم إلا بوقوع واحدة إلى زمن عمر رضى الله عنه ثم حكم بوقوع الثلاث سياسة لكثرته من الناس
“How did you divorce her?” He replied, “I gave three divorces.” The Prophet صلى الله عليه وسلم asked, “In one sitting?” He said, “Yes!” The Prophet صلى الله عليه وسلم said, “This is only one revocable divorce; if you wish, you may reconcile with her.” So he reconciled.
From this authentic hadith, it is understood that three divorces in one sitting are actually one revocable divorce, which is why the Prophet صلى الله عليه وسلم allowed reconciliation. Similarly, consider another authentic hadith: Sayyiduna Abdullah bin Abbas رضي الله عنهما said:
سياسة
“During the blessed time of the Messenger of Allah صلى الله عليه وسلم and the first two years of the caliphate of Abu Bakr Siddiq رضي الله عنه and Umar ibn al-Khattab رضي الله عنه, three divorces pronounced together were counted as one divorce. Then Umar رضي الله عنه said: ‘In matters where people had time to think, they acted hastily; why should we not apply it to them?’ So he applied it.”
From this authentic hadith, it is understood that during the Prophetic era صلى الله عليه وسلم, as well as the early two years of the caliphate of Abu Bakr and Umar رضي الله عنهما, three divorces pronounced together were counted as one revocable divorce, and this is the legal ruling. Later, during Umar’s era, when people began pronouncing three divorces frequently at once, he enforced all three as a punishment and deterrent so that people would desist from this practice. This was purely political and disciplinary and cannot be considered a Shariah ruling. This is agreed upon by Hanafi scholars, as recorded in reliable Hanafi jurisprudence books:
تهديد
“In the early period, when three divorces were pronounced together, only one ruling was applied to them. This ruling continued until the time of Umar رضي الله عنه, then Umar politically decreed the occurrence of three divorces because this practice had become widespread among people.”
In Majma’ al-Anhar, instead of “لعن الله المحلل والمحلل له” the word “لعن الله المحلل والمحلل له” is used, meaning Umar Farooq رضي الله عنه pronounced three divorces as a warning and deterrent, but legally it remained one divorce as it was during the Prophetic era صلى الله عليه وسلم. Even during Umar’s own early period, the matter was the same. Just as three offers and acceptances in marriage do not make three marriages but only one, similarly repeating the words of divorce three times results in only one divorce, not three.
Therefore, it is understood that the correct issue is that three divorces in one sitting count as one revocable divorce. After the early two years of Umar رضي الله عنه’s caliphate, when he enforced all three, it was a disciplinary decision, and disciplinary punishments vary according to the ruler’s discretion, whereas the law and constitution present in Shariah are fixed and cannot be changed.
Those who enforce all three divorces and promote halala are assisting in committing a forbidden act and should fear Allah’s punishment. The Prophet Muhammad صلى الله عليه وسلم said:
قال رسول الله صلى الله عليه وسلم ألا أخبركم بالتيس المستعار؟ قالوا بلى يا رسول الله قال هو المحلل، لعن الله المحلل والمحلل له
“May the curse of Allah be upon the one who performs halala and the one for whom halala is performed.”
Farooq-e-Azam رضي الله عنه said:
“By Allah! If someone is brought to me for halala, I will stone him.”
Ibn Umar رضي الله عنه’s ruling is that if the man and woman who perform halala stay together even for one year, they continue committing adultery.
He also said: “We used to consider halala as adultery during the Prophetic era صلى الله عليه وسلم.”
This is also the stance of the Barelvi scholar Pir Karam Shah Bukhari (may Allah have mercy on him). In his Tafsir Zia-ul-Quran, he strongly condemned halala and in his treatise on divorce titled “Dawat-e-Fikr-o-Nazar,” included in “Majmu’ah Maqalat Ilmiya”
, he wrote:
“The one who opens the door of halala forgets the two hadiths of our chaste Prophet Muhammad صلى الله عليه وسلم: ‘May the curse of Allah be upon the one who performs halala and the one for whom halala is performed.’ Also listen to another hadith:
The Messenger of Allah صلى الله عليه وسلم said: ‘Shall I not inform you about the hired bull?’ They said: ‘Yes, O Messenger of Allah!’ He said: ‘It is the one who performs halala. May the curse of Allah be upon the one who performs halala and the one who arranges it.’
If any unfortunate person accepts the advice of these esteemed scholars, Islam will rise against the cruelty of its benefactors and the religion will call out from beneath the Green Dome.”
From Pir Karam Shah Sahib’s statement, it is understood how heinous and disgraceful the crime of halala is, which shreds the veil of a woman’s chastity, and yet big scholars and those wearing turbans promote it.
Similarly, Mufti Atiqur Rahman Usmani, Mahfuzur Rahman, Saeed Ahmad Akbar Abadi, Syed Ahmad Urooj Qadri, and Syed Hamid Ali Hanafi also agree on this matter. See “Three divorces in one sitting”
.
Therefore, the questioner should completely avoid divorce, restore relations with his life partner, establish his household, practically follow the path of the Book and Sunnah, and firmly hold to the pure character and exemplary conduct of the Messenger of Allah صلى الله عليه وسلم, so that he may hope for salvation in the Hereafter. This fatwa is for the person who wants to align his belief and practice according to the Book and Sunnah.
