[May Almighty forgive if there is any mistake. Ameen.]
.
People may think that in islam, if a husband says 'talaq', 'talaq', 'talaq' to his wife, the wife is divorced immediately.
.
It is not correct according to the proper explanation.
.
***Triple Talaq in one setting is not allowed in Islam.
.
Proof:
.
The Hadith below says that Prophet(sallahu alaihi wasallam) became angry hearing about triple talaq in one setting.
.
"Mahmood bin Lubayd (ra) narrates that the Prophet (Peace be upon him) was informed that ***a man divorced his wife with three pronoucments all-together, at this (The Prophet) became very angry,*** he stood up and said: Is the book of Allah being mocked at in my presence? Until one person stood and said O Allah’s Apostle should I not kill him?"
.
[Sunnan Nasai’i, Volume No. 2, Page No. 181]
.
Now some people say that giving 3 talaq together should not be done , but as the prophet did not say directly that '3 talaq in one setting is prohibited' and became angry, so triple talaq together can be counted.
.
Our view is that triple talaq together is not allowed, but if it is mistakenly uttered 3 times together, then it will not be counted as 3 talaq, it will be counted as one talaq.
.
Proof:
.
It's mentioned in Awn Al Mabood Commentary of Sunan Abu Dawood vol 6 page 199 from Musnad Ahmad,
.
"Narrated by Ibn Abbas ra Brother of Mutlab, Rukanah bin Abd Yazeed divorced his wife three times. He felt too sorry, Prophet Peace be upon him asked How did you divorce?
.
***Rukanah said I gave her three talaq. Prophet Peace be upon him asked did you give in single sitting? He (rukahan) said YES. (Prophet) said Then it has effect of one divorce, if you want to take her back you can.***
.
Thus Rukahnah took her back. Ibn Abbas (may Allah be pleased with him) held the view that talaq should be at every clean period (after menses)."
.
.
Many scholars rejected this hadith doubting about its authenticity. But other scholars accepted this hadith as perfect.
.
**Scholars who accepted this hadith:
.
Ibne Adyy, Shaykh Shoaib Al Aranoot, Ibn e hajar asqalani, Hafiz Ibne Hajar, Shaykh ul ISLAM IBN E TAMIYAH RA, Ibn Qayyam Joziyah, Shaykh Nasir ud Din Al Bani, Shaykh Badi ad-Din Shah ar-Rashidi, Imam Zia al Maqdasi, Shaykh Abdul Malik bin abdullah bin Daheesh, Shaykh Ahmad Shakir, Shaykh Abdul Aziz bin Baz, Qadhi Shawkani etc scholars accepted the above hadith.
.
Check their opinion about the chain of this hadith here:
http://www.systemoflife.com/fiqh/talaq/203-the-issue-of-triple-talaq
.
.
***Some other fatwas:
.
=>Fatwa of Ikrimah
.
Imam Abu Dawud said:
.
“Hammad bin Zaid narrated it from Ayyub from ‘Ikrimah on the authority of Ibn ‘Abbas. This version adds If he said ***“You are divorced three times saying in one pronouncement, it constitutes a single (divorce).*** Isma’il bin Ibrahim narrated it from Ayyub from ‘Ikrimah.
**This is his (‘Ikrimah’s) statement. He did not mention the name of Ibn ‘Abbas. He narrated it as a statement of ‘Ikrimah**.”[Abu Dawud 2197]
.
So the Fatwa of Ikrimah is same, like that of Ibn Abbas.
.
.
=>Fatwa of Imam Tirmidhee
.
Imam Tirmidhee said regarding the chain
( مُحَمَّدِ بْنِ إِسْحَاق ، قَالَ : حَدَّثَنِي دَاوُدُ بْنُ الْحُصَيْنِ ، عَنْ عِكْرِمَةَ ، عَنْ ابْنِ عَبَّاسٍ)
.
There is no Harm in the chain of this hadeeth ( هَذَا حَدِيثٌ لَيْسَ بِإِسْنَادِهِ بَأْسٌ
[Jame at Tirmidhee Kitab al Nikah hadith no: 1143].
.
Comment: Imam Tirmidhee accepted the chain of hadeeth and this chain is same chain which is mentioned in the hadeeth of Rakanah.
.
.
=>Fatwa of Imam Ibne Kathir
.
Imam Ibne Kathir said regarding this chain of other hadith which is (Muhammad bin Ishaq from Dawud bin al Husain from Ikrimah from Ibne Abbas)
.
قلت: وهو من رواية محمد بن إسحاق بن يسار عن داود بن الحصين عن عكرمة عنه, وهذا: اسناد جيد قوي
.
I say: This narration is from Muhammad bin Ishaq bin Yasar from Dawud bin Al Husain from Ikrimah and this chain is good,powerful.[Irshad al Faqeeh by Ibne Kathir vol 2 page 168, Tohfa tul Hawdhi Kitab an Nikah hadeeth no: 1143]
.
Comment: Imam Ibne Kathir accepted this chain that is why his fatwa is 3 times divorce at a time is equal to one.
.
.
***Proof from Quranic Verses:
.
The Criteria of Divorce in Qur'an
.
[002:228] ***And divorced women shall wait (as regards their marriage) for three menstrual periods,*** and it is not lawful for them to conceal what Allah has created in their wombs, if they believe in Allah and the Last Day. And their husbands have the better right to take them back in that period, if they wish for reconciliation. And they (women) have rights (over their husbands as regards living expenses, etc.) similar (to those of their husbands) over them (as regards obedience and respect, etc.) to what is reasonable, but men have a degree (of responsibility) over them. And Allah is All-Mighty, All-Wise.
.
[002:229] ***The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness.***
And it is not lawful for you (men) to take back (from your wives) any of your Mahr (bridal money given by the husband to his wife at the time of marriage) which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allah (e.g. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her Al-Khul (divorce). These are the limits ordained by Allah, so do not transgress them. And whoever transgresses the limits ordained by Allah, then such are the Zalimoon (wrong-doers, etc.).
.
Comment: This ayah clears that Divorce time is ***three menstrual periods and not three seconds*** !!
.
.
I got an explanation from a brother who wrote me like this way:
.
"Now, u must ponder in these two verses:-
.
2:229 says that the divorce is two time after which u can reunite...
.
2:230 says "fa,in tallaqaha", here 'fa(ف)' is used as harf-e-a'tf, a conjunction, {which joints its later with its b4} as well as 'wao(و), thumma(ثم), hatta(حتي)...
.
All differs in use & 'fa(ف)' is used for when its later is jointed with its b4 without any space or delay.
.
{تعقيب بلا مهلة}
.
Now it's clear from this rule of arabic grammar syntax (ilm-ul-nah'w) that the third talaq in verse 230 is jointed with two reunite talaqs of verse 229 without any delay or space.
.
So if 'fa' is used here then it means,"If he divorced her third time (after 2 without any delay or space) then she will not be lawful unto him until she has married with another husband."
.
*And this what is called as triple talaq in one sitting is valid butt negligible (mazmoom).*"
.
.
=>Our Response:
.
I am quoting a few portion again,
"If he divorced her third time (after 2 **without any delay or space**) then she will not be lawful unto him until she has married with another husband."
.
Here if we agree with this point, then this three talaq without space or delay does not mean uttering 'talaq' in three second. But it can be considered that if one talaq is happened and the husband takes back her wife before the end of iddah, then after taking back her wife, the husband's mood is changed again. At that moment without any delay, he gives second talaq to his wife and takes back her wife again before the end of iddah and this process goes on for the third time without any delay, then the talaq will be counted as three talaq.
.
But as the Quranic verse does not say directly that one has to give talaq in such way without any delay, so it is not a must that one has to give talaq like this way.
.
But uttering 3 talaq at once goes against the same quranic verses.
.
Sheikh Muhammed Salih Al-Munajjid says,
.
"Giving talaaq (divorce) three times at once is bid’ah, and goes against the aayah (interpretation of the meaning): “… When you divorce women, divorce them at their ‘iddah (prescribed periods)…” [al-Talaaq 65:1]. If a Muslim wants to divorce his wife, he should divorce her according to the Sunnah, which is to give one talaaq at a time when his wife is taahir (not menstruating) and he has not yet had intercourse with her following her period, or when it is clear that she is pregnant."
(https://islamqa.info/en/2373)
.
.
Maulana 'Umar Ahmad 'Usmani gives the proper reply on this issue like this way,
.
"After quoting all these authorities Maulana 'Usmani discusses the whole issue in the light of the Noble Qur'an. He refers to the Qur'anic verse 2: 229-30, which begins with Al-talaqu marratan, i.e., divorce may be pronounced twice. He says the word marratan implies a gap between two pronouncements (all Hanafi jurists accept this), which means there should be a large enough time-gap between the two pronouncements of divorce. Marratan (twice) itself carries this sense. When we say "I went to your house twice but you were not there" cannot mean one went to his house twice in one go but after some reasonable gap of time. Once he went, he was not there, then again he went, he was not there. Thus the act of going had to be accomplished in two different periods of time. 'Usmani then quotes other verses of the Qur'an where the word marratan occurs and explains that everywhere it implies a gap of time in between."
(http://www.irfi.org/articles/articles_151_200/triple__talaq.htm)
.
.
.
That brother gave me more fatwa, but I am quoting his only one fatwa of Ibn Hajr al Asqalani because Ibn Hajr al Asqalani's opinion can be accepted by us.
.
That brother writes,
.
"Imam Ibn Hajr al Asqalani {Rahimuhullah} soundly establishes with overwhelming proofs that 3 divorces in a go will be counted as three ....
Imam Ibn Hajr al Asqalani while giving many answers also proves the hadith to be *Shadh* in following words:
.
*الجواب الثاني دعوى شذوذ رواية طاوس، وهي طريقةالبيهقي، فإنه ساق الروايات عن ابن عباس بلزومالثلاث ثم نقل عن ابن المنذر أنه لا يظن بابن عباس أنه يحفظ عن النبي صلى الله عليه وسلمشيئا ويفتي بخلافه*
.
*Trans:-*The second answer is that the claim of Tawus (i.e. narrator of all ahadith which aliyaar showed from Ibn Abbas) is amongst his oddities, because It has also come in *Baihaqi* with many narrations of “IBN ABBAS” that he considered 3 divorces as irrecoverable, It is narrated through Ibn Mundhir that Ibn Abbas cannot follow his own opinion when he learnt from Prophet (Peace be upon him) contrary to it (i.e. 3 are 3).
.
*[Fath ul Bari Sharh Sahih ul Bukhari, Volume No. 9, Page No. 363]*"
.
.
=> Our Response:
.
Here Ibn Hajr al Asqalani just says that Ibn Abbas did not follow his own opinion. But if you see the other fatwa of Ibn Hajr al Asqalani, then you can see that Ibn e Hajar asqalani mentioned those who declared 3 talaq at a time is 1.
وهو قول محمد بن إسحاق صاحب المغازي، واحتج بما رواه عن داود بن الحصين عن عكرمة عن ابن عباس قال " طلق ركانة بن عبد يزيد امرأته ثلاثا في مجلس واحد، فحزن عليها حزنا شديدا، فسأله النبي صلى الله عليه وسلم: كيف طلقتها؟ قال: ثلاثا في مجلس واحد فقال النبي صلى الله عليه وسلم: إنما تلك واحدة، فارتجعها إن شئت.
فارتجعها " وأخرجه أحمد وأبو يعلى وصححه من طريق محمد ابن إسحاق.
وهذا الحديث نص في المسألة لا يقبل التأويل الذي في غيره من الروايات الآتي ذكرها.
And this is the saying of (1)Muhammad bin Ishaq Sahib AL MAGHAZI and he take evidence from Dawood bin Husain from Ikrimah from Ibne Abbas ra, Rukanah bin Abd Yazeed divorced his wife three times. He became too sad, Prophet Peace be upon him asked How do you divorced? (كيف طلقتها) Rukanah said I have given 3 talaaq. Prophet Peace be upon him asked in a single Majlis? He (rukahan) said YES. (Prophet) said Then it is only one talaaq if you want to do ruju (with ur wife) you can. Rukahnah did ruju
and Imam Ahmad and Abu yala mentioned this and authenticated from the turq of Muhammad bin Ishaq and this hadeeth is Nus in this Masla we can not do taweel (end)
.
Then Ibne Hajar asqalani said,
الرابع أنه مذهب شاذ فلا يعمل به، وأجيب بأنه نقل عن علي وابن مسعود وعبد الرحمن بن عوف والزبير مثله، نقل ذلك ابن مغيث في " كتاب الوثائق " له وعزاه لمحمد بن وضاح، ونقل الغنوي ذلك عن جماعة من مشايخ قرطبة كمحمد بن تقي بن مخلد ومحمد بن عبد السلام الخشني وغيرهما، ونقله ابن المنذر عن أصحاب ابن عباس كعطاء وطاوس وعمرو بن دينار.
ويتعجب من ابن التين حيث جزم بأن لزوم الثلاث لا اختلاف فيه ، وإنما الاختلاف في التحريم مع ثبوت الاختلاف كما ترى ، ويقوي حديث ابن إسحاق المذكور ما أخرجه مسلم
Fourthly this (saying 3 talaq equals 1) is Odd Madhab so it is not practiced, It is answered this(the madhab of 3 talaq=1) is narrated from (2) Ali, (3)Ibne Masood, (4)Abdul Rahman bin Awf and (5)Zubair (RadhuAllahanhun) same is mentioned by Ibn e Mugeeth in Kitab al wathaiq and Muhammad bin Wadah attributed to him, and Ghanwi mentioned same(madhab) from Scholars of Qartaba like (6)Muhammad bin Taqi bin Muhammad,(7)Muhammad bin Abdus Salam Al Hashni etc, And Ibn e Munzar mentioned (same fatwa) from Companions of (8)Ibn e Abbas ra Like (9) Ata (bin abi ribah),(10)Tawus(bin Kaisan),(11)Omar bin Dinar.
Astonishment over Ibn Teen when he said with certainty that there is no difference of opinion in the obligation of Triple Talaaq (taking place) and difference is only on prohibition while there is a difference of opinion as you are seeing. The hadith of Ibn Ishaq becomes powerful with the hadith of Sahih Muslim(Fath ul Bari 9/369)
.
Then Ibn Hajar asqalani ra said that The issue of three divorce is like Mutah i.e. Mutah became haram at the time of Prophet peace be upon him but some of the sahaba were not aware of it, but at the time of Umar ra all the sahaba agreed it is Haram..
.
.
★Abu Bakr ra and Umar ra ★
.
Ibn 'Abbas (Allah be pleased with them) reported that ***the (pronouncement) of three divorces during the lifetime of Allah's Messenger (may peace be upon him) and that of Abu Bakr and two years of the caliphate of Umar (Allah be pleased with him) (was treated) as one.***
But Umar b. Khattab (Allah be pleased with him) said: Verily the people have begun to hasten in the matter in which they are required to observe respite.
**So if we had imposed this upon them, and he imposed it upon them.**
(Sahih Muslim Book 9, Number 3491)
.
Note: Above hadith is authentic by consensus later scholars tried to criticise but their saying is not evidence Imam Muslim Said,
.
"I have not gathered those ahadith in this book which is Sahih according to only me but those on which there is Consensus of Muhadditheen"
[Sahih Muslim Al Tashahud fee as salat 2/371]
.
Comment: It was Ijma of Sahaba at the time of Prophet peace be upon him and at the time of Abu Bkar radhiallah anho and first few years of Omar Radhiallahanho that Three talaq at a time = One. After that Omar Radhi Allahanho **Imposed his Fatwa because of Reason as Omar RadhiAllah anho himself said: "Verily the people have begun to hasten in the matter in which they are required to observe respite"***. This Fatwa was on Those people not on Us.
.
.
=>Opinion of 3 talaq as 3 by Ibn Abbas and Caliph Umar(ra) can be solved by the comment of Maulana 'Umar Ahmad 'Usmani stated below:
.
"Maulana 'Usmani points out that Hazrat 'Umar had enforced triple divorce as triple divorce and it had become law. It is within the power of the caliph of the time to enforce certain ordinances in view of the prevailing situation, or to meet some crisis situation and no one can question it. It is, therefore, possible that Ibn Abbas might have given a fatwa accepting triple divorce after Hazrat 'Umar enforced the ordinance. The original hadith, accepting three divorces as one, therefore, is not affected, maintains 'Umar Ahmad 'Usmani. Thus it is proved by this hadith that during the time of the Noble Prophet triple divorce, if pronounced by someone, was accepted as one divorce only......
.......
Muhammad Haykal says that when the Arabs conquered Iraq, Syria, Egypt, etc., the women prisoners from these regions were brought to Mecca and Medina. These women were very attractive and charming and the Arabs were captivated by their charm and wanted to marry them. But these women insisted on the men giving irreconcilable divorce to their former wives. To satisfy them they would pronounce triple divorce and pretend to having divorced their wives for good."
(http://www.irfi.org/articles/articles_151_200/triple__talaq.htm)
.
.
That brother also quoted from Sahih bukhari. He writes,
.
"Volume 7, Book 63, Number 187: (SahihBukhari)*
Narrated 'Aisha:
A man divorced his wife thrice, then she married another man who also divorced her. The Prophet was asked if she could legally marry thefirst husband (or not).
The Prophet replied, "No, she cannot marry the first husband unless the second husband consummates his marriage with her, just as the first husband had done.""
.
=>Our Response:
Here divorce thrice needs not to mean uttering 'divorce' in three second.
Divorce once maintaining iddah and thus maintaining three times divorce can be taken as understanding also. So it is not necessary to take triple talaq in one setting.
.
.
That brother gives some other sahih hadith stated below:
.
"*More irrefutable proofs*
.
*حدثنا سليمان بن داود العتكي حدثنا جرير بن حازم عن الزبير بن سعيد عن عبد الله بن علي بن يزيد بن ركانة عن أبيه عن جده أنه طلق امرأته البتة فأتى رسول الله صلى الله عليه وسلم فقال ما أردت قال واحدة قال آلله قال آلله قال هو على ما أردت*
.
*Trans:-* Narated By Rukanah ibn Abdu Yazid : (Rukanah) divorced his wife absolutely; so he came to the Apostle of Allah (sallallahu alehi w sllm).
He asked (him): What did you intend? He said: A single utterance of divorce. He said: Do you swear by Allah? He replied: I swear by Allah. He said: It stands as you intended.
.
*قال أبو داود وهذا أصح من حديث ابن جريج*
.
*Trans:-* Abu Dawood said, "This narration ismore accurate than the narration of Ibn Jarih".
*[Abu Dawud, Volume 002, Book 006, Hadith Number 1887]*
*حدثنا سليمان بن داود العتكي حدثنا جرير بن حازم عن الزبير بن سعيد عن عبد الله بن علي بن يزيد بن ركانة عن أبيه عن جده أنه طلق امرأته البتة فأتى رسول الله صلى الله عليه وسلم فقال ما أردت قال واحدة قال آلله قال آلله قال هو على ما أردت*
*Trans:-* Narrated By Abdullah Ibn Ali Ibn Yazid Ibn Rukanah who said: "My grandfather, Rukanah, gave Talaaq BATTAH (emphasized Talaaq) to his wife. Then, he went into the holy court of the beloved Rasool (sallallahu alehi w sllm). The Holy Prophet (sallallahu alehi w sllm) asked him in that regard. Rukanah replied, "I made intention of one Talaaq'.
The Holy Prophet (sallallahu alehi w sllm) asked him, 'Do you swear by the Name of Allah that you made intention of one Talaaq?' Rukanah said, 'I swear by the Name of my Lord that I made intention of one Talaaq only'. The Holy Prophet (saww) then returned his wife to him".
*[Ibn Majah, Volume 002, Hadith Number 2051]*"
.
.
=>Our Response:
.
Here Prophet just checked Rukanah's intention that either he followed triple talaq in one setting or one talaq counting with iddah following the Quranic verse 2:228. But Rukanah's intention was not to go against Quranic verse, so he chose one talaq with iddah. Here prophet just used a different technique to check the intention of Rukanah. That does not prove that triple talaq in one setting is allowed.
.
.
That brother gives another Hadith to support his claim.
.
"Fatima Bint Qais says, "My husband gave me three Talaaqs at once before he left for Yemen". The Holy Prophet (sallallahu alehi w sllm) legalised these as three Talaaqs."
[Ibn Maja, Volume 002, Hadith Number 2014]
.
=>Our Response:
We do not consider this hadith as a strong one. Rather we consider it as a weak narration.
About the Rabi of this hadith 'Ishaq bin Abdullah', Abu Ahmed bin Adi al Jurjani says, any of his Sanad Ma Matan was not followed by anyone. Abu Bakar Al Burkani and Abu Hatim Ar-Razi says, he is refusable. Abu bakar al bazzar says, he is not reliable. Abu bakar al bayhaki and Abu Yaala al Khalili says, he is too weak. Imam Darakutni says, he is refusable.(Tahzibul Kamal: Rabi no. 367, 2/446 no. page)
So this hadith is Sahih, but the Sanad is weak due to Ishaq bin Abdullah.
.
.
________________
Refrences:
1) http://www.systemoflife.com/fiqh/talaq/203-the-issue-of-triple-talaq
2) http://www.irfi.org/articles/articles_151_200/triple__talaq.htm
Comments
Post a Comment