Why we can not accept triple talaq in one sitting ???
.
(Last Response to Parvez Saifi)
.
.
[You can see my first response here:
My first response regarding triple talaq
.
He gave his reply to me here:
Brother Parvez's rebuttal to my first response regarding triple talaq
.
.
Many people have given their objection that we are debating just for wasting time, but it should be noted that this debate is necessary to show our point of views. Otherwise, people can not compare which is the right opinion.
.
Shaykh Ibn ‘Uthaymeen has said in his fatwa:
.
"If the Muslim has enough knowledge to enable him to compare the views of the scholars based on the evidence and to decide which is more likely to be correct, and he can tell what is more correct and more likely to be correct, then he must do that, because Allaah has commanded us to refer disputed matters to the Qur’aan and Sunnah, as He says (interpretation of the meaning):
.
“(And) if you differ in anything amongst yourselves, refer it to Allaah and His Messenger, if you believe in Allaah and in the Last Day. That is better and more suitable for final determination”[al-Nisa’ 4:59]
.
So he should refer the disputed matter to the Qur’aan and Sunnah, and whatever appears to him to be more correct, based on the evidence, is what he should follow, because what is obligatory is to follow the evidence, and he may refer to the words of the scholars to help him understand the evidence.
.
But if the Muslim does not have sufficient knowledge to enable him to decide which of the scholarly opinions is more likely to be correct, then he should ask the people of knowledge whose knowledge and religious commitment he trusts and then follow the advice or fatwas they give. Allaah says (interpretation of the meaning):
.
“So ask the people of the Reminder if you do not know”
[al-Anbiya’ 21:43]
.
The scholars have stated that the madhhab of the common man is the madhhab of his mufti.
.
If their opinions differ, then he should follow the one who is most trustworthy and most knowledgeable....."
.
[Al-Khilaaf bayna al-‘Ulama’ by Shaykh Ibn ‘Uthaymeen, 26; Liqa’ Munawwa’ ma’a Shaykh Saalih al-Fawzaan, p. 25, 26;
source - https://islamqa.info/en/22652 ]
.
.
Before starting the response, we want to note some issues:
.
a. Studying the response of brother Parvez Saifi, we have seen that he has misunderstood some of my points. So, in this part, we want to clear his misunderstanding.
.
b. He has explained from their own point of views. So, we want to show our explanation and the reasons why we do not accept their views.
.
c. The debate may continue and may not finish, so here we want to give our last response. If he wants to response us again, then he can do. But we want to stop within this second part only.
.
d. We will request all our Muslim brothers and sisters to be positive minded and be united though there is difference in opinions.
.
.
The response has been divided into three parts:
.
1) Explanation on Quranic verses,
2) Explanation on Hadith and Fatwa,
3) Explanation on the opinion of 'Sahabas'.
.
.
♦ Explanation on Quranic verses:
.
The main problem is in the two verses of the Quran and they are 2:228-229 which say:
.
"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.
.
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 Zalimun (wrong-doers, etc.)."
.
[The Noble Quran, 2:228-229;
translated by Khan and Hilali]
.
In the first reply, we commented on the verse 2:228 is that 'This ayah clears that Divorce time is three menstrual periods not three seconds.'
.
Now let us see, what brother Parvez has understood from our comment. He writes:
.
///This clearly shows the verse is talking **about Women already divorced** and it mentions their waiting period after Divorce [iddat period] , it no where mentions that ***a women has to wait for three periods to have a divorces*** but talks about rules after Divorce took place. This shows how opponents misinterpret Quran and twist its meanings. (astagfirullaha)///
.
.
Response:
.
Where we have said specifically that 'a women has to wait for three periods to have a divorce' ???
We said, 'Divorce time is three menstrual periods not three seconds.'
Here from the phrase 'Divorce time', brother Parvez has understood that we have said about the time before the divorce. But from our understanding, we have actually meant the time after the divorce when three menstrual periods for Iddah is necessary and triple talaq in one sitting can not fulfill the criteria. So, the main problem is in his misunderstanding, not in our comment.
.
He has quoted Tafsir of Ibn Kathir and commented:
.
///People who can misinterpret Quranic verses and openly lie on Quran when his own scholars like Ibn Kathir have said After three divorces No one can take wife back, See how opponents showed their ignorance and stupidty by misquoting Quranic verses totally.///
.
.
Let us see, what he quoted from the Tafsir of Ibn Kathir:
.
///This honorable Ayah abrogated the previous practice in the beginning of Islam, when the man had the right to take back his divorced wife even if he had divorced her a hundred times, as long as she was still in her `Iddah (waiting period). This situation was harmful for the wife, and this is why Allah made the divorce thrice, where the husband is allowed to take back his wife after the first and the second divorce (as long as she is still in her `Iddah).The divorce becomes irrevocable after the third divorce, as Allah said:-
{الطَّلَـقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَـنٍ}
{The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness.}
In his Sunan, Abu Dawud reported in Chapter:- "Taking the Wife back after the third (Divorce) is an abrogated practice," that Ibn `Abbas commented on the Ayah:-
{وَالْمُطَلَّقَـتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَـثَةَ قُرُوءٍ وَلاَ يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِى أَرْحَامِهِنَّ}
{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,} (2:228)
The man used to have the right to take back his wife even if he had divorced her thrice. Allah abrogated this and said:-
﴿الطَّلَـقُ مَرَّتَانِ﴾
{The divorce is twice.}
This Hadith was also collected by An-Nasa'i. Ibn Abu Hatim reported that`Urwah said that a man said to his wife, "I will neither divorce you nor take you back.'' She said, "How?''
He said, "I will divorce you and when your term of `Iddah nears its end, I will take you back.'' She went to Allah's Messenger and told him what happened, and Allah revealed:-
﴿الطَّلَـقُ مَرَّتَانِ﴾
{The divorce is twice.}
Ibn Jarir (At-Tabari) also reported this Hadith in his Tafsir. Allah said:-
﴿فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَـنٍ﴾
{....after that, either you retain her on reasonable terms or release her with kindness.}
Meaning, if you divorce her once or twice, you have the choice to take her back, as long as she is still in her `Iddah, intending to be kind to her and to mend differences. Otherwise, await the end of her term of `Iddah, when the divorce becomes final, and let her go her own way in peace, without committing any harm or injustice against her.' `Ali bin Abu Talha reported that Ibn `Abbas said, "When the man divorces his wife twice, let him fear Allah, regarding the third time. He should either keep her with him and treat her with kindness, or let her go her own way with kindness, without infringing
upon any of her rights.'' [End Quote]
Reference:►Tafsir ibn kathir for Ayah 2:229///
.
.
Our Comment:
Have the readers found anywhere that Ibn Kathir said, "Triple talaq by three pronouncement in one sitting is allowed"???
.
Not at all. Rather in the above portion, you can find this:
"...Allah made the divorce thrice, where the husband is allowed to take back his wife after the first and the second divorce ***(as long as she is still in her `Iddah)***.
The divorce becomes irrevocable after the third divorce, as Allah said:-
{الطَّلَـقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَـنٍ}
{The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness.}..."
.
So, the divorce is thrice but in three different occasion with iddah, not in three seconds as per Ibn Kathir.
.
He has also said:
.
///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."
If it could be considered as you understand, the conjunction wouldn't be 'fa' but 'thumma', on the contrary it is 'fa', not 'thumma'.
And it’s not my own clarification but Allama Abu Bakr Jassas {rahimahullahu} described this verse in this commentary.///
.
We have responded this in our first response like this way:
.
"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."
.
On this, he has commented:
///Ahmed Ali, I think u view that "without any delay or space" means "with delay or space of ending one menstrual period, then second & then third."///
.
Response:
Here he has failed to get the real point and that is, we do not accept their explanation at all.
The real issue is based on triple talaq in one sitting. When you accept that triple talaq in one sitting is counted as 3 talaq, then you can say, yes, there is no delay or space between the three talaq by three pronouncement in one go.
But when you do not accept this opinion and support the view that 3 talaq by 3 pronouncement is counted as only 1 talaq, then there is no sense of such kind of explanation of delay or space through the technical terms of arabic letters.
Here, if you yet become fixed on your opinion about the 'delay or space' theory, then from our point of view, we have already said how we have taken the matter about 3 talaq without space which has been already said above.
.
He has further mentioned my comment of the first reply and said:
.
///Ahmed Ali further says:
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.
So I say:
If the verse, indeed, doesn't say directly that one has to give talaq in such way without any delay, so it's not a must that one has to give talaq like this way. But this verse also doesn't say directly that a man should divorce his wife period after period, after period. So it means the verse is 'mutlaq (independent)' in this issue. It's clear now from this verse if a man divorces thrice his wife in three periods or instantly, it will take place. Because it's the rule of 'Ilm-ul-fiqh (Jurisprudence)' that:-
المطلق یجری علی اطلاقہ و المقید یجری علی تقییدہ
"The 'mutlaq (independent)' goes on its 'itlaq (Independence)' and the 'muqayyad (dependent)' goes on its 'taqyeed (dependence)'.///
.
Our Response:
We are giving one portion again:
///But this verse also doesn't say directly that a man should divorce his wife period after period, after period.///
.
About this issue, we have showed a point in our previous reply which brother Parvez has cleverly omitted. It is because he may not agree with our point; but however let us see what is that point we have said in our previous reply:
.
"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.""
[source - http://www.irfi.org/articles/articles_151_200/triple__talaq.htm ]
.
Let us put some more light on this issue.
.
The book "TRIPLE TALAQ IN THE LIGHT OF QURAN AND SUNNAH" by the Islamic Scholar 'Shams Pirzada' (which paper was presented in a seminar held in Ahmadabad
from 4th to 6th November, 1973 under the presidentship of the late Maulana Mufti Ateequr Rehman) is explaining the gap between two talaq like this way:
.
.
"They think that the word "marrataan" (two times) in this verse means repeating the word tataq' or to give divorce with the specification of number. Therefore, they say that if the words "talaq, talaq, talaq” are
pronounced or "three talaqs" is uttered then it is three talaqs. The fact, however, is that "marrataan" does not mean to repeat the word talaq but it means to give talaq on a second time. What the above ayat means is that the right to revert (to wife) remains there even after the giving of talaq on two occasions but after giving talaq for the third time this right goes away. How can it be correct to say that it means that if a man utters "talaq, talaq, talaq" on one occasion or in one sitting then he loses the right to revert and that the talaq thus became mugallzah (irrevocable/irrevertible)? Such a man has given talaq only on one
occasion... The sense or meaning of "marrataan" which such people take (mistake) is not correct due to the following reasons:
.
a. In Arabic language the meaning of "marrataan" is MARRATAN BAAD
MARRAH (On another occasion after the first time). It never means mere verbal repetition of a word. There are such examples in the Holy Quran. For instance, at one place it is mentioned:
.
"Do they not see that they are tested once or twice in every year?"
.
And at another place,
.
"O you who believe! Let your slaves and those (children who have not
attained puberty) ask your leave at three times (before they came into your presence): "(Surah Noor, Verse: 58)
.
Following these verses, the details of the three relevant times have
been given.
.
Obviously, here, "thalaat marraat" (in three times) means three different times (occasions) and not a coincidence of three times in
one occasion. This shows that the sense of tafreeq (being different) is
there in the word "marrataan".
If any example of togetherness (ijtima) can be cited it can be that of a "ayaan"(objects) not of afaal (actions), because in 'fel' (action/verb) the togetherness of 'marrataan' is not possible,
.
.
b. Secondly, there is the example of rami e jamaar (stoning the devil
during Hajj pilgrimmage). It has been commanded to throw seven
pebbles. If somebody, instead of throwing pebbles for seven times, takes seven pebbles in his hand and throws them at a time, the command will not be observed and the ulema in general will consider it
only one rami (stoning). Similarly, if somebody says these words, "I
recite Subhaanallah for thirty-three times" it will be considered only
one tasbeeh and not 33.
.
.
c. Thirdly, there is the example of four swearing (oaths), which has been commanded in the matter of liaan(cursing the lier when husband
blames his wife for adultery). If someone, instead of taking oaths four times, says "I say this on four oaths” then it will be regarded as only one oath, not four.
(For discussion of 'marrataan' please see 'Zaad ul Maad' by Allamah lbne Qaiyim, Vol: 4, p.59).
.
If the number ‘talaq’ was meant in the aforesaid verse, then Allah
would have used the word 'ithnaan' instead of 'marrataan'. It is thus
proved that 'marrataan' does not mean the repeatation of the word talaq or a number but it means giving talaq on two different occasions.
.
Therefore, Imarn Raazee writes:
"Give the talaq marrataan, that is, give talaq at two times". (At Tafseer ul Kabeer, Vol: 2, p.261.)
.
.
d. The legal talaq' is that talaqs should be given on different occasions because 'bil ijmaa' (unanimously) "marraat" is possible only alter tafarruq' (being separated). Therefore, the two talaqs given jointly at a time will not be taken as two talaqs. Then how can three at a time be considered as three?
.
.
e. The background in which the ruling about three talaqs has been given, if taken into consideration, also makes the matter more clear. In the days of ignorance, the practice in vogue was not to give several talaqs
at one time but they were giving talaqs again and again and also
reverting again and again. Therefore, the meaning of 'at talaq marrataan’ must have been these repeated divorces and not several talaqs given at a time or in one sitting.
.
It has been ordained in Surah Talaq that whenever a talaq is given it
must be given for an iddat(period):
.
"O Prophet! When you (people) divorce (give talaq) you wives, divorce them for their iddat(prescribed time). And reckon the iddat." (Surah Talaq, Verse: 1)
.
What giving talaq for an iddat means is that the talaq should be given at such a time from which the iddat can be counted. A man who gives three talaqs at a time has no regard for iddat period because, the iddat began from the moment he gave the first pronouncement of talaq but this iddat period is disregarded for the second and the third talaq. It is necessary to consider iddat for every talaq. The Quran has not only commanded that the talaq should be given with a consideration of iddat but it has also given the right of reverting to wife within the period of iddat:
.
"When you have divorced women, and they have reached their term(iddat), then retain them on equitable terms or release them on equitable terms." (Surah Baqarah: 231)
.
This verse makes it clear that when the term of iddat is about to come
to its end the wife can be retained in a nice way. It means that the
husband can revert to her before the end of iddat. The question is who
has suspended this right of reverting before the end of iddat? This right
has been given by Allah. If a Nass (Divine order either in Quran or in
Hadith) is available in this respect then there is no problem but if there
is no such Nass text then it only means that the man has a right to
revert to his wife before the end of the iddat of the third talaq. Therefore, this right of reverting remains there also after the triple talaq given at a time. In other words, the third talaq becomes effective only after the rajaee (revocable) talaq given on two occasions and not at a time. God has given to man the right only to give separate talaqs, as is clear from the words 'at talaq marrataan.' So, when the authority to
combine them has never been given how three talaqs given at one moment can become effective?
.
.
f. Just look at the problem from another angle. While giving the command concerning Eelaa (a vow toremain aloof from wife). God Almighty has said:
.
Divorced women shall wait, keeping themselves apart, for three
menstruel periods". (Surah Baqarah: 228)
.
And in the same context it is also decreed:
"And their husbands are more entitled to take them back in that period if they wish for reconciliation." (Surah Baqarah: 228)
.
And in the same context it is also decreed:
"And their husbands are more entitled to take them back in that period if they wish for reconciliation." (Surah Baqarah: 228)
.
This shows that the right to revert remains in "eelaa" also another
example is that of "Zihaar". It means to pronounce that the wife is like
mother for him. In the days of ignorance it was regarded as a divorce, rather more severe than that, in the matter of cutting off relations. So there was no way of reverting after zihaar. But Allah Almighty said:
.
"They utter an utterly disgusting and a false thing." (Surah Mujadalah: 2)
.
Despite terming the zihaar "Munkar" (an abomination) and "Zoor" (falsehood) only the payment of 'kaffaarah' (expiation) has been commanded. That is, zihaar has not been considered as talaq (divorce) and this heinous belief that by declaring wife as his mother the wife becomes unlawful forever for the husband has been declared as
"batil" (void).
.
Now, think over the problem under discussion. Is not the decision of
considering the utterance of three talaqs at a time an irrevocable
divorce severer than eelaa and zihaar? But then there is no clear-cut text (nass) in support of such a harsh severity.
.
In short, the applicability (effectiveness) of three tataqs (irrevocable) by the utterence of triple talaq (at one sitting) is not proved by any text of the holy Quran, because, no-where in the Quran it is specifically mentioned that triple talaq at a time will have the effect of final divorce.
As regards the problem of interpreting the text of Quran, on the basis of the arguments given above the thing,which is nearer to the Quranic, intention is to decide that the triple talaq at a time is equivalent to only one talaq."
.
['TRIPLE TALAQ IN THE LIGHT OF
QURAN AND SUNNAH' by Shams Pirzada, English Translation - Sultan Akhtar;
source - http://www.muslim-library.com/dl/books/English_TRIPLE_TALAQ_IN_THE_LIGHT_OF_QURAN_AND_SUNNAH.pdf ]
.
.
♦ Explanation on Hadith and Fatwa:
.
Brother Parvez writes:
.
///Ahmed Ali writes to me:
The Hadith below says that Prophet (sallahualaihi 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.
My Response:
First of All this Hadith in NO WAY proves that three divorces in one go are not valid, because the words of Hadith are that the Prophet (Peace be upon him) was informed that a man divorced his wife with three pronouncements 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..??
Now the question is if 3 talaq in one go are 1, not 3 then why Prophet Muhammad (peace be upon him) became angry..??
Prophet [sallallahu alaihi wa sallam] became Angry because Divorce took place , NO where in above hadith it says that 3 Divorces didn't count or Prophet [sallallahu alaihi wa sallam] Sent the Wife back to husband. You has quoted a hadith which fully shows that divorce took place and No where proves your point of view here..!!
If divorce didn't take place Prophet (peace be upon him) would say to his wife smiling, "Don't worry, you are still remaining his wife." On the contrary my Prophet (peace be upon him) became angry because the divorce took place...!!///
.
.
Our point of view:
I repeat the main portion again where he says:
///Prophet [sallallahu alaihi wa sallam] became Angry because Divorce took place , NO where in above hadith it says that 3 Divorces didn't count or Prophet [sallallahu alaihi wa sallam] Sent the Wife back to husband.///
.
The point is that here, there is no specific indication of whether Prophet (peace be upon him) agreed that triple talaq in one sitting is granted as 3 talaq or only 1 talaq. So, the point of views should be based on explanation. And from our explanation, the reason behind the anger of Prophet(peace be upon him) is the breaking of the law of the Quran by that man in the hadith which is equivalent to mock the commandments of Allah and that's why Prophet(peace be upon him) says, "Is the book of Allah being mocked at in my presence?"
.
Brother Parvez further commented:
///If divorce didn't take place Prophet (peace be upon him) would say to his wife smiling, "Don't worry, you are still remaining his wife."///
.
Our view:
It needs not to express feelings like this way always. When a person is in anger, he can not control his words and says unnecessary and fowl things often. So, naturally Prophet (peace be upon him) might prefer not to talk more for controlling his words and that's why he might be silent about the triple talaq here. Yet if the readers do not accept this view, then we have another hadith (that we consider as 'Hasan') which is giving the proper reply.
.
Sunan Abu Dawood, Chapter 7/Hadith no. 2196:
.
"Narrated Abdullah ibn Abbas: Abd Yazid, the father of Rukanah and his brothers, divorced Umm Rukanah and married a woman of the tribe of Muzaynah. She went to the Prophet (ﷺ) and said: He is of no use to me except that he is as useful to me as a hair; and she took a hair from her head. So separate me from him. The Prophet (ﷺ) became furious. He called on Rukanah and his brothers. He then said to those who were sitting beside him. Do you see so-and-so who resembles Abdu Yazid in respect of so-and-so; and so-and-so who resembles him in respect of so-and-so? They replied: Yes.
.
**The Prophet (ﷺ) said to Abdu Yazid: Divorce her.** Then he did so. He said: Take your wife, the mother of Rukanah and his brothers, back in marriage. He said: I have divorced her by three pronouncements, Messenger of Allah. ***He said: I know: take her back.*** He then recited the verse: "O Prophet, when you divorce women, divorce them at their appointed periods."
.
**Abu Dawud said**: The tradition narrated by Nafi' b. 'Ujair and 'Abd Allah b. Yazid b. Rukanah from his father on the authority of his grandfather reads: Rukanah divorced his wife absolutely (i.e. irrevocable divorce). The Prophet (ﷺ) restored her to him.
.
**This version is sounder (than other versions)**, for they (i.e. these narrators) are the children of his man, and the members of the family are more aware of his case.
.
**Rukanah divorced his wife absolutely (i.e. three divorces in one pronouncement) and the Prophet (ﷺ) made it a single divorce."**
[Standard of the hadith: Hasan
source - http://www.hadithbd.com/share.php?hid=59564 ]
.
So, this hadith is narrated by Ibn Abbas on which Abu Dawood commented as 'sounder than other versions.'
Here in this hadith, we see, Prophet (peace be upon him) himself has declared that triple talaq in one sitting is equivalent to only one talaq.
.
Brother Parvez did not accept this hadith as his Ahl Sunnah Scholars rejected its authenticity. He said:
.
///Imam Abu Dawood himself said in Sunan Abu Dawood that three Talaqs at once are acceptable, Imam Abu Dawood himself writes in Sunan Abu Dawood, “This hadith is narrated by Ibn Abbas himself [through mutawatir chains] and all agree that 3 Talaqs in one go are valid.”
Regarding hadith of giving 3 divorces in 1 go counted as one Abu Dawood said, “This is narrated by Ismail bin Ibrahim, Ayyub from Ikramah. And didn't mention Hadrat Ibn Abbas in narration , These are words of Ikramah only.”
Then abu Dawood quoted another hadith from Ibn Abbas alone, hadith states, “Hadrat ibn Abbas, Abu Huraira and Ibn umar were all asked about a girl who was given divorce three times by her husband, all of them said she is not halal for her ex-husband unless she married another man and he gives her divorce again.”
Imam abu Dawood himself says, “This was opinion of Ibn Abbas and Abu Huraira.”///
.
Our Response:
We do not know from which source, he is talking all these! However, we have provided our source in the hadith where Abu Dawood himself supported the narration of Ibn Abbas. We are repeating the portion again:
.
"....**Abu Dawud said**: The tradition narrated by Nafi' b. 'Ujair and 'Abd Allah b. Yazid b. Rukanah from his father on the authority of his grandfather reads: Rukanah divorced his wife absolutely (i.e. irrevocable divorce). The Prophet (ﷺ) restored her to him.
.
**This version is sounder (than other versions)**, for they (i.e. these narrators) are the children of his man, and the members of the family are more aware of his case.
.
**Rukanah divorced his wife absolutely (i.e. three divorces in one pronouncement) and the Prophet (ﷺ) made it a single divorce."**
.
[Sunan Abu Dawood, Chapter 7/Hadith no. 2196;
Standard of the hadith: Hasan
source - http://www.hadithbd.com/share.php?hid=59564 ]
.
Readers can check the above link where you can find this in three language - Arabic, Bengali and English.
.
He also said:
///Imam Abu Dawood himself proved Hadith of Rukana in musnad Ahmed is Shad'h and showed actual incident in a sahih Hadith.
Dawud Book 12 Hadith 2202;
Narrated Rukanah ibn Abdu Yazid:-
(Rukanah) divorced his wife absolutely; so he came to the Apostle of Allah (peace be upon him). 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
Abu Dawood said, "This narration is more accurate than the narration of Ibn Juraij."
[Abu Dawud, Volume 002, Book 006, Hadith Number 1887]///
.
Our view:
We have already shown our view on this hadith in our first reply. Our view is, here Prophet just checked Rukanah's intention that either he followed triple talaq in one sitting or one talaq counting with iddah following the Quranic verse 2:228. But Rukanah's intention was not to go against the 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.
.
Furthermore, let us see some more explanation on this issue by Shams Pirzada:
.
"Tirmizi has recorded it:
"Rukanah says: I went to the Holy Prophet and said:
O Messenger of Allah! I have given talaq ebattah (the separating talaq) to my wife. He asked: what was your intention? I said: One talaq. He asked: Do you say this on oath of Allah? I said: yes, I say it on Allah's oath. He said:
Then its hukm(effect) also is just like your intention".
.
It means since you had only one talaq in your mind, it will have the effect of only one talaq". (Tirmzi, Kitab ut Talaq).
.
Imam Tirmizi has written about this hadeeth:
"We have no knowledge of this hadeeth except in this manner".
.
One of its narrators is Zubair bin Saeed about whom Allamah lbn e Hajar had
said in Taqreeb ut Tehzeeb' that he is laiyinul hadeeth(a loose reporter). He has written likewise with regard to the other narrator Abdullah
also.
.
Abu Dawwod has also narrated this hadeeth. But there is confusion in its text as well as authority(sanad). Allamah lbne Qaiyyim has written that lbn e Jauzi says that this hadeeth is not
saheeh(correct). And Imam Ahmed says that Hadeeth e Rukanah is
nothing. Imam Bukhari has termed it Zaeef(weak) and the scholars who
are aware of the causes of traditions have said that its narrators are majhool(unknown).
(Please see Igasatui lhfaan, Vol:1, p.316).
Therefore no arguments can be based on this hadeeth in the matter
under discussion.
Contrary to it, the following hadeeth of Abu Rukanah
which has been narrated by Abu Dawood and which mentions that Abu
Rukanah had given three talaqs and the holy prophet had commanded reverting, supports the effectiveness of one talaq:
.
"Abu Rukanah said: O Messenger of Allah! I have give her three talaqs.
He said: I know it. You go back to her”. (Abu Dawood, Abwab ut
Talaq.).
.
This hadeeth does support the effectiveness of one talaq. But
Bazu Bani Abi Rafe has been mentioned among its isnaad (authority),
which shows that the raavi (narrator) is majhool(unknown).
.
Khattabi says: -
The authorities of this hadeeth are disputable because lbn e Juraih has
narrated it from Bazu Abi Raafe and has not mentioned the name of the narrator and no, hujjat (Proof) can be obtained from an unknown narrator." (Awn ul Maabood, Vo:6, p.269).
.
And in Musnad Ahmed, lbn e Abbas related: -
"Rukana bin Abd e Yazeed, the brother of Bani Muttalib, gave three talaqs to his wife in one sitting. Thereafter he became very sorry for it.
The narrator says that the holy prophet asked him: How did you give the
talaq? He replied: I gave her three talaqs. He asked again: in one
sitting? He replied; yes. He said: it is only one. You may revert to her if you like. So he reverted."
(Musnad Ahmed, Vol:1, p.265; Sharhe Ahmed Muhammed Shakir 6:269)
.
The commentator of Musnad Ahmed, Muhammed Shakir has written
that the snaad(authority) of this hadeeth is right. If this hadeeth is
saheeh (arithmetic) then it is clear proof of the fact that three talaqs at
a time has the effect of only one talaq. But one of its narrators is
Muhammed bin Ishaq, who has been severely criticized (questioned) by
the scholars of hadeeth (muhadditheen). (See Meezan ul Etedal. Vol:3,
p-468).
.
Therefore, his hadeeth can not be accepted without qarain (analogy or conjecture). Then there is a mention of three talaqs in one
sitting in this hadeeth and this terminology of "three talaqs in one
sitting" is an innovation of subsequent times. There is no evidence to
show that this terminology was in vogue during the days of the holy prophet. Therefore, it not corrects to put up an argument on its basis."
.
['TRIPLE TALAQ IN THE LIGHT OF
QURAN AND SUNNAH' by Shams Pirzada, English Translation - Sultan Akhtar;
source - http://www.muslim-library.com/dl/books/English_TRIPLE_TALAQ_IN_THE_LIGHT_OF_QURAN_AND_SUNNAH.pdf ]
.
.
Brother Parvez further writes:
.
///Ahmed Ali commented on Sahih Bukhari, 7:63:187;
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.""
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 sitting.
My Response:
This hadith decisively proves from the Prophet (Peace be upon him) that 3 divorces will be considered as three as clearwording of the hadith proves...!!
Read what Imam Badr ud din Ayni (rahimahullahu) the magnificent author of Umdat al Qari says:-
أي هذا باب في بيان من أجاز تطليق المرأة بالطلاق الثلاث دفعة واحدة وفي رواية أبي ذر باب من جوز الطلاق الثلاث وهذا أوجه واضح ووضع البخاري
Translation:- This Chapter is regarding "Permission to pronounce Divorce thrice in one sitting." In this regard the Hadith of Abu Dhar (rdiyallahu anhu) is also narrated in proof of three divorces in a go and this is also why Imam Bukhari has made this chapter.
[Umdat ul Qari Sharh Sahih ul Bukhari, Volume No. 20, Page No. 232]///
.
.
Our point of view:
.
"ln Saheeh Bukhari there is a hadeeth of Hazrat Aayesha (R.A.):
"The wife of Rifaah Qurzi came to the Holy Prophet (saflallaahu alaihi
wasallam) and said:
"O Messenger of God! Rifaah has awarded to me
Talaq e Battah (cutting off divorce). Then I married Abdur Rehman bin
Zubair Qurzi but he is unfit for matrimonial.
The Holy Prophet said:
Perhaps you want to go back to Rafaah. But no. It cannot be, unless he (your second husband) tastes you and you taste him." (Bukhari, Kitab ut
Talaq)
.
In this hadeeth there is a mention of 'Talaq e Battah' (the cutter talaq). But it is not clear that the husband had given three talaqs at one time.
Of course, the hadeeth of Saheeh Muslim makes the kind of that talaq specific. Its wordings are:-
"He gave the last of the three talaqs". (It means the final of the three divorces, which had remained, was also given.) (Muslim Kitab ut Talaq)
.
In this tradition, there is no specific mention of three talaqs in one
sitting. How then can it be proper to argue the application or
effectiveness of it?"
.
['TRIPLE TALAQ IN THE LIGHT OF
QURAN AND SUNNAH' by Shams Pirzada, English Translation - Sultan Akhtar;
source - http://www.muslim-library.com/dl/books/English_TRIPLE_TALAQ_IN_THE_LIGHT_OF_QURAN_AND_SUNNAH.pdf ]
.
.
Brother Parvez also quotes a hadith:
///Sahih Muslim Book 9 Hadith 3474;
Abdullah (b. 'Umar) reported that he divorced a wife of his with the pronouncement of one divorce during the period of menstruation. Allah's Messenger (May peace be upon him) commanded him to take her back and keep her until she was purified, and then she entered the period of menses in his (house) for the second time. And he should wait until she was purified of her menses. And then if he would decide to divorce her, he should do so when she was purified before having a sexual intercourse with her; for that was the 'Idda which Allah had commanded for the divorce of women. Ibn Rumh in his narration made this addition:- When 'Abdullah was asked about it, he said to one of them: If you have divorced your wife with one pronouncement or two (then you can take her back), for Allah's Messenger (may peace be upon him) commanded me to do it; but if you have divorced her with three pronouncements, then she is forbidden for you until she married another husband, and you disobeyed Allah in regard to the divorce of your wife what He had commanded you. (Muslim said: The word "one divorce" used by Laith is good.)///
.
.
Our point of view:
.
Let us see the main portion of hadith again:
.
"Abdullah (b. 'Umar) reported that he divorced a wife of his with the pronouncement of one divorce during the period of menstruation. Allah's Messenger (May peace be upon him) commanded him to take her back and keep her until she was purified, and then she entered the period of menses in his (house) for the second time. And he should wait until she was purified of her menses. And then if he would decide to divorce her, he should do so when she was purified before having a sexual intercourse with her; for that was the 'Idda which Allah had commanded for the divorce of women."
.
Our comment:
You can clearly see, in the main portion of this hadith, Prophet (peace be upon him) no-where says that triple talaq in one setting makes wife haram or prohibited. Rather, here, it is said about talaq with iddah.
.
Now let us observe the commentary of this hadith:
.
///Ibn Rumh in his narration made this addition:- When 'Abdullah was asked about it, he said to one of them: If you have divorced your wife with one pronouncement or two (then you can take her back), for Allah's Messenger (may peace be upon him) commanded me to do it; but if you have divorced her with three pronouncements, then she is forbidden for you until she married another husband, and you disobeyed Allah in regard to the divorce of your wife what He had commanded you.///
.
Our Comment:
Here Abdullah said that Allah's Messenger (may peace be upon him) commanded him that if anyone divorces his wife with one pronouncement or two, then he can take her back.
But after that, he gave his own opinion from his understanding that if anyone divorces his wife with three pronouncements, then she is forbidden for him. Where in the hadith, it is specifically proved that the Prophet (peace be upon him) has granted triple talaq in one sitting? Rather we support the view that Prophet (peace be upon him) might command to take back the wife after two pronouncement of talaq because this two pronouncement, even the three at a time is equivalent to only 1 talaq.
.
.
=> Commentary of Imam Nawabi:
Brother Parvez writes:
///Imam Nawawi who is the most authentic commentor of Sahih muslim in classical Islam said:-
Now let us turn towards Imam Nawawi, he writes:-
أنت طالق ثلاثا فقال الشافعي ومالك وأبو حنيفة وأحمد وجماهير العلماء من السلف والخلف : يقع الثلاث . وقال طاوس وبعض أهل الظاهر : لا يقع بذلك إلا واحدة
“Whosoever gives three divorces (in a go) then Imam Shafi, Malik, Abu Hanifa, Ahmed and Vast majority of Ulama from Aslaaf and later to come have said that all three will take place, Tawus (same narrator of Ibn Abbas hadith) said: Some literalists said that only 1 would be applied.”
[Sharh Sahih Muslim by Imam Nawawi, Volume No. 1, Page No. 478]///
.
Our Response:
Here, Imam Nawabi says about both type of group who support triple talaq in one sitting and also who do not support triple talaq in one sitting as he says in his above commentary,
.
"..Tawus (same narrator of Ibn Abbas hadith) said: Some literalists said that only 1(3 talaq in one sitting = 1) would be applied."
.
So, here it upto our explanation which opinion we will choose.
.
=> Reference of Hajar Asqalani:
.
///Now, Ahmed Ali misquoted Ibn e Hajar asqalani, he mentioned those who declared 3 talaq at a time is 1.......
......
In magnificent explanation in Sharh Sahih Bukhari Ibn Hajr [rahimahullahu] said:-
“The explanation on this matter is same as that is on the issue of Muta (temporary marriage) , the meaning of this is (known from) saying of Jabir which is: “This used to be done in the times of Allah’s Messenger (Peace be upon him) and in the times of Abu Bakr (radiyallahu anhu) and also in the beginning of Umar’s caliphate, then he (Jabir) said: Umar (radiyallahu anhu) forbade it for us and we stopped doing it, hence the “SOUND” position on both will be that Mutah is haram and so would (Three divorces in a go) will be (decisively) counted as “THREE (الثلاث)” because the Consensus (Ijma) was made on it during the times of Umar and It is not recorded that anyone in the time of Umar had opposed him in both the cases. The consensus proves that (other) texts will be abrogated even if it was not obvious to people before him (i.e. Umar) and finally it became apparent to all in times of Umar.” Therefore anyone who goes against this position is rejecting the Ijma. The Vast majority (Jamhoor) agree that whosoever differs with consensus after agreement has been made on it then he (and his opinions) are not given any importance/¬significance and Allah Knows the best.”
[Fath ul Bari, Volume No. 9, Page No. 365]
So you are refuted by Ibn Hajr [Rahimahullahu] too.///
.
.
Our Response:
He has misunderstood again. We are giving the main portion of Hazar Asqalani again what we provided in our first reply:
.
"Ibne Hajar asqalani said:
...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)"
.
.
Look, here we quoted Ibn Hazar for mentioning the honourable persons who have supported triple talaq in one go = 1 talaq and he defined them as "Odd Madhab". It can be possible that he did not agree with them and followed another explanation. But we have quoted Ibn Hazar only for our reference to show who followed the "Odd Madhab."
.
Here 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.
.
Qadhi Shokani gives the reply of this issue like this way:
.
وَيُجَابُ بِأَنَّ النَّسْخَ إنْ كَانَ بِدَلِيلٍ مِنْ كِتَابٍ أَوْ سُنَّةٍ فَمَا هُوَ ؟ وَإِنْ كَانَ بِالْإِجْمَاعِ فَأَيْنَ هُوَ ؟ عَلَى أَنَّهُ يَبْعُدُ أَنْ يَسْتَمِرَّ النَّاسُ أَيَّامَ أَبِي بَكْرٍ وَبَعْضَ أَيَّامِ عُمَرَ عَلَى أَمْرٍ مَنْسُوخٍ وَإِنْ كَانَ النَّاسِخُ قَوْلَ عُمَرَ الْمَذْكُورَ فَحَاشَاهُ أَنْ يَنْسَخَ سُنَّةً ثَابِتَةً بِمَحْضِ رَأْيِهِ ، وَحَاشَا أَصْحَابُ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَنْ يُجِيبُوهُ إلَى ذَلِكَ
.
"Regarding Abrogation we will say, If it has been abrogated from any evidence of Quran and Sunnah, then where is that evidence? And If it is said that it has been abrogated from Consensus (Ijma) then we will say where it is proven Ijma? And It is very absurd that people have been practicing on a thing in the era of Abu Bakr (r.a) and starting era of Umar (r.a) which has been abrogated. And if it is said that the Nasikh (abrogator) is the saying of Umar (r.a) then it is also unbelievable how Umar (r.a) can abrogate a Proven Sunnah from his own opionion? And we ask forgiveness by imagining such about Companions (r.a) that they would have abrogate a Sunnah.[Nayl al awtar 10/256]
(source - http://www.systemoflife.com/fiqh/talaq/203-the-issue-of-triple-talaq )
.
.
=> Why Ibn Abbas changed his own fatwa?:
.
Now the main reason for which Ahl Sunnah is rejecting the narration of Ibn Abbas as per brother Parvez Saifi's description is the changing of the own fatwa of Ibn Abbas, that once Ibn Abbas is supporting 3 talaq = 1 talaq and in other places, he is giving his fatwa that triple talaq in one sitting is considered as effective.
.
Let us see what brother Parvez has shown in his writing:
.
///Imam Abu Dawood again quoted Ibn Abbas proving three divorces at once are valid :-
.
It is narrated by Abdullah bin Kathir from Mujahid who said: I was with Ibn Abbas (rdiyallahu anhu) when a man came to him and said that he had divorced his wife three times. Ibn Abbas (rdiyallahu anhu) remained quiet until I thought that that “HE WOULD RETURN HER TO HIM” but Ibn Abbas said: “One of you goes and commits a “FOOLISH ACT” and then cries out “O Ibn Abbas!” “O Ibn Abbas!” even though Allah says, “And whoever has Taqwa of Allah, Allah will make a way out for him.” So you did not have Taqwa of Allah. AND I DO NOT Find ANY WAY OUT FOR YOU, YOU HAVE DISOBEYED YOUR LORD AND YOUR WIFE HAS BECOME COMPLETELY SEPERATED FROM YOU.” And Allah has said: O Prophet! If you divorce your wives then divorce them at the beginning of their prescribed times.........
.....
Sahih Muslim quoted by Salafis is no more valid now because Ibn Abbas [rdiyallahu anhu] who quoted the hadith himself changed his opinion later on:-
Hadith no.1. Abdul-Hameed ibn Raafi reports from Ataa that a person once said to Hadrat Abdullah ibn Abbas, "I have given my wife 100 talaaqs.’' He replied, “Use three and leave the remaining 97.” The words of this Hadith are:-
ان رجلا قال لا بن عباس طلقت امراتی مائۃ قال تاخذ ثلثا وتدع سبعا و تسعین
[Sunan-e-Kubra by Imam Baihaqi, Vol. 7, Pg. 337]
Hadith no.2. It is narrated by Hadrat Saeed ibn Jubair that a man once came to Hadrat Abdullah ibn Abbas and said, “I have given my wife 1,000 talaaqs.’ He replied , “Use three and leave the remaining 997.” The words are:-
ان رجلا جآء الی ابن عباس و قال طلقت امراتی الفا فقال تاخذ ثلثا وتدع تسع مائۃ و سبعۃ و تسعین
[Sunan-e-Kubra by Imam Baihaqi, Vol. 7, Pg. 337]
Hadith no.3. The narrator further states that Hadrat Abdullah ibn Abbas once said to a man who had given his wife three talaaqs at once, “Your wife has become Haraam on you.” The extract is:-
عن ابن عباس انہ قال لرجل طلق امراتہ ثلثا حرمت علیک
[Sunan-e-Kubra by Imam Baihaqi, Vol. 7, Pg. 337]
Hadith no.4. Hadrat Amr ibn Dinaar narrates that a person once asked Hadrat Abdullah ibn Abbas, “What is the ruling on the person who gives his wife talaaq equal to the amount of stars?” He answered, “Say to him that the Gemini stars were sufficient.”
(The Gemini Constellation has three stars at its beginning.)
The Hadith is:-
عن عمرو ا بن دیناران ابن عباس سئل عن رجل طلق امراتہ عدد النجوم فقال انما یکفیک راس الجوزاء
[Sunan-e-Kubra by Imam Baihaqi, Vol. 7, Pg. 337]
Hadith no.5. Muwatta Imam Malik, Book 29, Hadith 29.14.38
Yahya related to me from Malik from Yahya ibn Said that Bukayr ibn Abdullah al-Ashajj informed him that Muawiya ibn Abi Ayyash al-Ansari told him that he was sitting with Abdullah ibn az-Zubayr and Asim ibn Umar ibn al-Khattab when Muhammad ibn Iyas ibn al-Bukayr came up to them and said, "A man from the desert has divorced his wife three times before consummating the marriage, what do you think..?" Abdullah ibn az-Zubayr said, "This is something about which we have no statement. Go to Abdullah ibn Abbas and Abu Hurayra. I left them with A'isha. Ask them and then come and tell us." He went and asked them. Ibn Abbas said to Abu Hurayra, "Give an opinion, Abu Hurayra! A difficult one has come to you." Abu Hurayra said, "One pronouncement separates her and three makes her haram until she has married another husband." Ibn Abbas said the like of that.
Hadith no.6. Muwatta Imam Malik, Book 29: Hadith 29.14.37
Yahya related to me from Malik that he had heard that a man said to Abdullah ibn Abbas, "I have divorced my wife by saying I divorce you a hundred times. What do you think my situation is..?" Ibn Abbas said to him, "She was divorced from you by three pronouncements, and by the ninety-seven, you have mocked the ayat of Allah."///
.
.
Our view:
The changing of the fatwa of Ibn Abbas was based on situation. We have already said about it in our previous reply like this way:
.
"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."
.
[souce - http://www.irfi.org/articles/articles_151_200/triple__talaq.htm ]
.
.
♦ Explanation on the opinion of 'Sahabas':
.
Brother Parvez writes:
.
///...the hadiths of sahih muslim which states, this Hadith is about giving talaaq to a woman with whom intimacy (khalwat) has not been made with yet as we said above in our first response. Undoubtedly, if a person gives such a wife three talaaqs at once in this manner, “You are given Talaaq. You are given Talaaq. You are given Talaq." Only the first will be taken (the rest are meaningless), [no disagreement on that ], so This is talking about Talaqs given to a wife without touching her and it’s a special case, because a exactly similar Sahih Hadith with similar wording to Sahih Muslim hadith from Ibn Abbas in Sunan Abu Dawood says:-
Translation: Hadrat Abdullah ibn Abbas was also once asked by Abus-Sahba, “Don’t you know that in the time of Rasoolullah (sallallahu alaihi wa sallam) Hadrat Abu Bakr and in the beginning of Hadrat Umar’s Khilaafat, if a person gave his wife three talaaqs, only one was accepted..?” He replied, “Yes! If a woman with whom intimacy has not been made with yet is given three talaaqs, only one would be emulated."
[Abu Dawood, Kitaabut Talaaq, Baabu Naskhil-Muraajiah ba’dat- Tatleeqatith-Thalatha]
Comments and Analysis of Above hadith:
So anyone can see that Hadith of Sahih Muslim is about giving Talaq to a women with whom intimacy wasn't made yet otherwise and even that was changed later on.///
.
.
Our point of view:
.
The first portion of the hadith says,
"Don’t you know that in the time of Rasoolullah (sallallahu alaihi wa sallam) Hadrat Abu Bakr and in the beginning of Hadrat Umar’s Khilaafat, if a person gave his wife three talaaqs, only one was accepted..?” He replied, “Yes!.."
.
Our Comment:
Here we consider this portion as the main subject or theme of this hadith, that it was the practice of the time of Prophet (peace be upon him) and Abu Bakr(ra) and also in the beginning of Hadrat Umar’s Khilaafat to consider triple talaq in one sitting as equivalent to only one talaq.
.
The other portion of the hadith, "If a woman with whom intimacy has not been made with yet is given three talaaqs, only one would be emulated", is just an example of the apply of this ruling to us.
.
Shaykh ‘Abd al-‘Azeez ibn Baaz
says in his fatwa:
.
".......the verse in which Allaah says (interpretation of the meaning):
.
“The divorce is twice”
.
[al-Baqarah 2:229]
.
“And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allaah. These are the limits of Allaah, which He makes plain for the people who have knowledge”
.
[al-Baqarah 2:230]
.
This was the view of Ibn ‘Abbaas (may Allaah be pleased with him) according to a saheeh report narrated from him; according to the other report narrated from him he shared the view of the majority. The view that they should be regarded as one divorce was narrated from ‘Ali, ‘Abd al-Rahmaan ibn ‘Awf and al-Zubayr ibn al-‘Awwaam (may Allaah be pleased with them).
.
This was also the view of a number of the Taabi’een, Muhammad ibn Ishaaq the author of al-Seerah, and a number of the earlier and later scholars. It was also the view favoured by Shaykh al-Islam Ibn Taymiyah and his student Ibn al-Qayyim (may Allaah have mercy on them). This is also my view, because that is following all of the texts, and because it is also more merciful and kind to the Muslims."
.
[Fataawa Islamiyyah, 3/281, 282;
source - https://islamqa.info/en/36580 ]
.
.
Brother Parvez also quoted some other references where there are support of triple talaq in one sitting. Readers can check the references from the link of the writing of Brother Parvez at the beginning of this article. Here we are giving our explanation below.
.
We consider a hadith as 'Sahih':
.
"Ibn 'Abbas (Allah be pleased with them) reported that the (pronouncement) of three divorces during the lifetime of Allah's Messenger (ﷺ) 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, Chapter 19/Hadith no. 3567;
Standard of the Hadith: Sahih
source - http://www.hadithbd.com/share.php?hid=50648 ]
.
.
Our Comment:
It was Ijma of Sahaba at the time of Prophet (peace be upon him) and at the time of Abu Bkar (Radhi Allah anho) and first few years of Omar (Radhi Allah anho) that Three talaq at a time = One. After that Omar (Radhi Allah anho) Imposed his Fatwa because of Reason as Omar (Radhi Allah 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.
.
In the article, "Triple Talaq Issue in Islam: Quran, Hadiths & Salaf", brother Asim ul Haq writes:
.
"Some Fatwas of Omar RA which he imposed due to some reason & those were for that time but not till the day of judgment
.
a) Going against Tayammum:
.
Abd al-Rabmin b. Abza narrated It on the authority of his father that a man came to 'Umar and said: I am (at times) affected by seminal emission but find no water. He ('Umar) told him not to say prayer. 'Ammar then said. Do you remember, O Commander of the Faithful, when I and you were in a military detachment and we had had a seminal emission and did not find water (for taking bath) and you did not say prayer, but as for myself I rolled in dust and said prayer, and (when it was mentioned before) the Apostle (may peace be upon him) said: It was enough for you to strike the ground with your hands and then blow (the dust) and then wipe your face and palms. Umar said: 'Ammar, fear Allah. He said: If you so like, I would not narrate it.(Saheeh Muslim Book 3, Number 0718)
.
Comment: Shaykh Abdul Rahman Kilani said this was due to the reason that people will take negative advantage of easiness provided by Islam.
.
Note: Shias can not not degrade Umar ra from above hadith see the reply by Brother Bassam Zawadi here:"Refuting the Shia Argument That Umar Forbade Narrating The Comments of the Prophet"
.
http://www.ahlalhdeeth.com/vbe/showthread.php?t=3408&highlight=Tayammum
.
.
b) Burning the house of Drunkard (Kitab al Amwaal page 102)
c) Fatwa of Stopping Hajj Tamattu(Umrah with Hajj)
.
Abu musa (Allah be pleased with him) said: I came to the Messenger of Allah (may peace be upon him) as he was encamping at Batha. He said to me: Did you intend to perform Hajj? I said: Yes. He again said: With what intention have you entered into the state of Ihram (for Ifrad, Qiran or Tamattu'). I said: I pronounced Talbiya (I have entered into the state of Ihram ) with that very aim with which the Apostle of Allah (may peace be upon him) is pronouncing Talbiya. He (the Holy Prophet) said; You have done well. Then circumambulate the House and run between al-Safa' and al-Marwa' and put off Ihram (as you have not brought the sacrificial animals along with you). So I circumambulated the House, and ran between al-Safa' and al-Marwa' and then came to a woman of the tribe of Qais and she rid my head of the lice. I again put on Ihram for Hajj. and continued giving religious verdict (according to this practice) till during the Caliphate of Umar (Allah be pleased with him) when a person said to him: abu musa, or Abdullah b. Qais, exercise restraint in delivering some religious verdict of yours, for you do not know what has been introduced after you by the Commander of the Believers in the rites (of Hajj). Thereupon he said: O people, whom we gave the religious verdict (concerning putting off Ihram ) they should wait, for the Commander of the Believers is about to come to you, and you should follow him. Umar (Allah be pleased with him) then came and I made a mention of it to him. whereupon he said: If we abide by the Book of Allah (we find) the Book of Allah has commanded us to complete the (. Hajj and 'Umra), and if we abide by the Sunnah of Allah's Messenger (may peace be upon him), we find that Allah's Messenger (may peace be upon him) did not put off Ihram till the sacrificial animal was brought to its end (till it was sacrificed). (Sahih Muslim Book #007, Hadith #2810)
.
Comment: Same is the case with fatwa of three talaaq Omar RA imposed due to some reason that fatwa was on those people not on us, if the fatwa of Talaaq is still on us then why above mentioned fatwas were on them but not on us??
.
.
=> Some Fatwas of Omar RA which Brailwiya and deobandiya reject
.
a) According to Umar ra the woman can marry after four years if her husband is lost
Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab said, "The woman who loses her husband and does not know where he is, waits for four years, then she does idda for four months, and then she is free to marry."[(Book #29, Hadith #29.19.52)]
.
Comment: One can ask from Tullaab of Deobandi and Brailwi madrassah when can woman marry if her husband is lost? They will come up with the answer of 90 to 100 years. Why don`t they follow Umar ra here?
.
b) According to Umar ra the punishment of Halala which now a days Brailwiya practice is Rajam.
.
‘Umar ibn al-Khattaab (may Allaah be pleased with him) said whilst addressing the people: “By Allaah, no muhallil or muhallal lahu will be brought to me but I will stone them.”[This is narrated by Ibn Abi Shayba in his Musannaf 7/293, Abd al-Razzaaq with his chain in his al-Musannaf 6/2650, Sunan Saeed bin Mansoor 2/75,ad-Dahabee in Seyar ailam an-Nubala under the Tarjuma of Al-Amash]
.
Comment: If Umar ra would see the practice of halala in Pakistan and India he would have ordered to stone these people (who practice even after knowing it is haram) to death.
.
c) According to Umar ra the punishment of those men and women who marry without a wali is lashes
.
حَدَّثَنَا سَعِيدٌ، ثنا ابْنُ الْمُبَارَكِ، نا ابْنُ جُرَيْجٍ، عَنْ عَبْدِ الْحَمِيدِ بْنِ جُبَيْرٍ قَالَ: سَمِعْتُ عِكْرِمَةَ بْنَ خَالِدٍ يَقُولُ: «جَمَعَتِ الطَّرِيقُ رَكْبًا، فَوَلَّتِ امْرَأَةٌ مِنْهُنَّ أَمْرَهَا رَجُلًا، فَزَوَّجَهَا، فَرُفِعُوا إِلَى عُمَرَ بْنِ الْخَطَّابِ، فَجَلَدَ النَّاكِحَ وَالْمُنْكِحَ، وَفَرَّقَ بَيْنَهُمَا» [سنن سعيد بن منصور: 1/ 175]۔
نا أَبُو بَكْرٍ النَّيْسَابُورِيُّ , نا مُحَمَّدُ بْنُ إِسْحَاقَ , نا رَوْحٌ , نا ابْنُ جُرَيْجٍ , أَخْبَرَنِي عَبْدُ الْحَمِيدِ بْنُ جُبَيْرِ بْنِ شَيْبَةَ , عَنْ عِكْرِمَةَ بْنِ خَالِدٍ , قَالَ: جَمَعَتِ الطَّرِيقُ رَكْبًا فَجَعَلَتِ امْرَأَةٌ مِنْهُمْ ثَيِّبٌ أَمْرَهَا بِيَدِ رَجُلٍ غَيْرِ وَلِيٍّ فَأَنْكَحَهَا فَبَلَغَ ذَلِكَ عُمَرَ «فَجَلَدَ النَّاكِحَ وَالْمُنْكِحَ وَرَدَّ نِكَاحَهَا»[سنن الدارقطني: 3/ 225]۔
.
Comment: We know that according to Brailwiya the Marriage without wali is valid.
.
d) Umar ra would punish the one who gives three divorces to his wife even before going to her, and he used to impose those three divorces
عن أنس بن مالك قال : قال عمر بن الخطاب في الرجل يطلق امرأته ثلاثا قبل أن يدخل بها قال : هي ثلاث لا تحل له حتى تنكح زوجا غيره وكان إذا أتي به أوجعه
[sunan al Kubra Bayhaqi 7/334, Durre Manthur]
.
But Deobandi and Brailwis goes against this fatwa. as It is mentioned in al Hidaya in the chapter of Giving divorce before going to her
فان فرق الطلاق بائنة بالاولى ولم تقع الثانية والثالثة
She will be seperated with one, second and third will not count. [al-b'inayah bi sharh al-hidaya 5/96]
.
Scan: https://ia700305.us.archive.org/BookReader/BookReaderImages.php?zip=%2F11%2Fitems%2Fbnaiash%2Fbnaia05_jp2.zip&file=bnaia05_jp2%2Fbnaia05_0095.jp2&scale=4&rotate=0
.
e) Umar ra used to punish the one who gives three divorces to his wife.
.
Ibn Hajar asqalani said:
وأخرج سعيد بن منصور عن أنس " أن عمر كان إذا أتي برجل طلق امرأته ثلاثا أوجع ظهره " وسنده صحيح
Saeed bin Mansoor mentioned from Anas that when someone was presented to Umar ra who gave three divorces to his wife, Umar would lash him on his back. Its chain is saheeh [Fath al Bari, Kitab at-Talaq chapter 3]
.
But deobandis and Brailwis do pre-planned Halala in the name of saving the life of couple.
.
In short, If they accept these Fatawa of Umar bin al Khattab ra and Impose these fatawa as well, than WALLAHI people will not give triple divorce in one sitting due to the fear of Lashes, and no one will do pre-planned Halala due to the fear of Rajm.So go on and take the opinion of 3 equals 3, no one stops you, But, with the condition, accept the other fatawa mentioned above too. Let us see you are following Umar radhiAllahanho or actually you are just a blind follower and taking the name of Sahabi."
.
["Triple Talaq Issue in Islam: Quran, Hadiths & Salaf" by brother Asim ul Haq;
source - http://www.systemoflife.com/fiqh/talaq/203-the-issue-of-triple-talaq ]
.
.
We are at last quoting some portion from brother Parvez Saifi:
.
///Translation:-Suwaid bin Ghaflah (ra) narrates that Aisha Khaysmiya was in the wedlock of Imam Hasan bin Ali, when Hadrat Ali passed got martyred, she said to Imam Hasan : Glad tidings you have now become a Khalifah. Imam Hasan said: You show happiness on martyrdom of Hadrat Ali? Here I give you Divorce “I.E. 3 DIVORCES” she took her clothes and sat down until her iddat was completed. Imam Hasan (radiyallahu anhu) sent her remaining dowry and Sadaqa, thousand, when the person came to her with this wealth, she said: I have received little wealth from my “SEPERATED BELOVED” when Imam Hasan (radiyallahu anhu) heard this, he (got sad) and said: If I had not heard from my father, who heard from Prophet (Peace be upon him): “WHOSOEVER GIVES HIS WIFE THREE DIVORCES WHETHER IN SAME TIME OR DIFFERENT TUHUR THEN SHE IS PROHIBITTED ON HIM UNTIL SHE MARRIES ANOTHER MAN,” then I would have turned back to her.
[Sunnan al Bayhaqi al Kubra (11/221, Hadith #15226)]
Again a direct hadith proof from Hadrat Ali:-
عَنْ عَلِيَ رَضِيَ اللَّهُ عَنْهُ قَالَ: «إِذَا طَلَّقَ الرَّجُلُ امْرَأَتُهُ ثَلاَثَاًفِي مَجْلِسٍ وَاحِدٍ فَقَدْ بَانَتْ مِنْهُ، وَلاَ تَحِلُّ لَهُ حَتَّى تَنْكِحَ زَوْجَاً غَيْرَهُ»..
Translation:-Narrated by Hadrat Ali (radiyallahu anhu), a man divorced his wife “THREE TIMES IN ONE SITTING” Hadrat Ali said: “SHE BECAME FORBIDDEN FOR HIM UNTIL SHE MARRIES ANOTHER MAN (and he divorces her).”
[Kanz ul ummal, Hadith # 28060]
Opinion of other sahaba [radiyallahu anhum]:
Allama Ibn Qudama al Maqdisi (rahimahullahu) writes, “Whosoever gives three divorces in a go THEN THEY WILL BE VALID WHETHER HE GAVE THEM BEFORE ENTERING THE WOMAN OR Afterwards. Ibn Abbas, Abu Huraira, Ibn Umar, Ibn Masud and Anas bin Malik have this view point and so is this the viewpoint of Tabiyeen.”
Qadhi Ibn Rushd al Maliki (rahimahullahu) said, “JAMHOOR FUQAHA AGREE THAT THREE DIVORCES GIVEN IN A GO WILL BE COUNTED AS Three.”
[Bidayatul Mujtahid, Volume No. 2, Page No. 46, Published by Dar ul Fikr, Beirut, Lebanon]///
.
.
Our Response:
Let us see the explanation from Shams Pirzada:
.
"Regarding the opinions of the companions of the holy prophet or the
fatwas (dictums) reportedly given by them, several of them are without snad (authority) so they are not enough for proving a consensus
(ijmaa).
.
Secondly, there is scope for questioning from the viewpoint of
intelligence and reasoning regarding the traditions or narrations containing the sayings and legal opinion (fatwas) of sahaabaa, because,
according to such narrations, people in those days had begun to give hundreds of talaqs at a time, so much so that sometimes they used to pronounce "as many talaqs as there were stars in the sky"! If we are to believe such narrations, these were not rare incidents but it had
become much prevalent. So to believe these narrations (rivaayaat) means to accept that, even in the initial years of Islam, the society had become so much corrupt that people had begun to play with the Book
of Allah and the innovated (Bidee) talaq had became a common thing.
.
In such a situation, our today's society seems to be much better than that
of those days because, they remain content with triple talaq and we never hear any incident of a hundred or a thousand talaqs.
Obviously those narrations which paint the earlier Islamic society in such an ugly colour can not be acceptable. They are neither a hujjat (proof or evidence) nor can a heap of such narrations amount to ljmaa or consensus.
.
Thirdly, there are several such fatwas of the Sahabas which have not been accepted by the Fuqaha.(istamic jurists) For example, in the opinion of Ali (Raziyallahu Anhu) to say "you are unlawful (haraam) for me" was equivalent to three talaqs but lbn e Abbas had decided that
in such event, the payment of Kaffarah ( expiament) was enough. Imam
Shafei says that it will be a talaq if the sayer had intended a talaq; that it will be a zihar if the intension was zihar; that mere utterance of these words will be neither a talaq nor a zihar. Only the kaffarah would suffice. (Please see Shah Valiullaah's Sharh e Muatta, Kitabut Talaq).
.
Ali (R.A.) had enacted the practice of returning 'Rad' (What remains of inheritance after giving to Quranic Sharer) to the Zavil Furooz in consultation with the sahaba. But Imam Shafei and Imam Maalik did not agree with him. So, it is also justifiable to disagree with the fatwas given by the sahaba in the matter of triple talaq too. Allah Almighty has said:
.
"Then if you dispute about any matter, refer it to Allah and the Messenger". (Surah Nisaa, Verse:59)
.
Fourthly, These fatwaas of the Sahaabaa are based on ijtihad (diligence). They had done the ijtihad looking to the circumstances of
their time when the society had not deteriorated much. But thereafter, when the corruption increased it became necessary to rethink over it.
.
So scholars like Allamah lbn e Taimiyyah gave a thought to such things in the light of the Quran and the Sunnah.
.
The condition of our society today is well known to all. The current condition of Muslims requires that this problem should be analysed with deep research. People should not be allowed to make divorce a game and thus put the woman folk into extraordinary troubles."
.
['TRIPLE TALAQ IN THE LIGHT OF
QURAN AND SUNNAH' by Shams Pirzada, English Translation - Sultan Akhtar;
source - http://www.muslim-library.com/dl/books/English_TRIPLE_TALAQ_IN_THE_LIGHT_OF_QURAN_AND_SUNNAH.pdf ]
.
.
We will end our article by giving a reference of a hadith:
.
"This hadeeth was narrated by Muslim (145) from Abu Hurayrah (may Allah be pleased with him) who said: The Messenger of Allah (peace and blessings of Allah be upon him) said:
.
“Islam began as something strange and will revert to being strange as it began, so give glad tidings to the strangers.”
.
Al-Sindi said in Hashiyat Ibn Majah:
.
“Strange” refers to the small number of its adherents. The basic meaning of ghareeb (a stranger) is being far from one's homeland. “And will revert to being strange” refers to the small number of those who will adhere to its teachings even though its followers are many. “So give glad tidings to the strangers” means those who follow its commands. “Tooba (glad tidings)” has been interpreted as meaning Paradise or a great tree in Paradise. This shows that supporting Islam and following its commands may require leaving one's homeland and being patient in bearing the difficulties of being a stranger, as was the case in the beginning.
.
In Sharh Saheeh Muslim, Al-Nawawi quoted al-Qadi ‘Iyad as saying concerning the meaning of this hadeeth:
.
“Islam began among a few individuals, then it spread and prevailed, then it will reduce in numbers until there are only a few left, as it was in the beginning.”"
[source - https://islamqa.info/en/45855 ]
.
.
May Allah forgive if we make any mistake and guide us to the proper way. Ameen.
Comments
Post a Comment