Triple talaq in Islam: Divorce is the lowest halal in Islamic law. The Shari’ah has approved divorce in a state of utter disability.
The rules of divorce are also clearly stated. Today we are discussing in Islam whether giving three divorces together will be effective or not.
We are serving the whole discussion under the following headings
- Three forms of three divorces together
- Three divorces together in the nineteenth century
- The source of three simultaneous divorces and differences of opinion in the Sahaba era
- Three divorces together in the era of Mujtahidin in Tabei and Emma
- Evidence and Review
- Acceptable opinion
Triple Talaq at once and three forms
The first form – Triple Talaq in In one sentence. As he said – I gave you three divorces.
Second form: Triple divorce in different words in one meeting. For example – you get one divorce, you get two divorces, you get three divorces.
Third form: Triple Talaq in different places at the same time (at the time of menstruation).
Triple Talaq in one sentence
A group of Islamic scholars has given Triple talaq in one sentence, saying that only one divorce will fall.
They say that in this situation consensus has been coming from the Sahaba era on the fall of a divorce.
Because it is said in the Holy Quran – “(Royal) divorce can be granted twice.”
That is, after pronouncing the word once, the word has to be said separately for the second time.
Now if you put three talaqs or ten talaqs (I gave you three or ten talaqs) in the same word, then one talaq will be considered. Since he uttered the word only one.
For example, if someone is asked to recite Subhanallah one hundred times, if he says ‘Subhanallah one hundred times, then he will not be called one hundred times Subhanallah Pathakari.
Rather, he will be considered to have recited Subhanallah once.
In the same way, saying ‘you have three divorces’ does not mean that you have got three divorces. Rather, he will be considered a divorcee.
Moreover, there is no evidence that the Prophet (peace and blessings of Allah be upon him)
Or the Sahaabah would have considered three divorces if they had given three divorces in the same word.
On the contrary, it is clearly stated that if triple divorce were given in three words, one divorce would be considered.
Hadith of Sahih Muslim and Triple talaq at once
Abu Sahaba – Rahimahullah – Ibn Abbas – Radiyallahu Anhu – asked –
‘Did you know that Triple divorces were counted as one divorce until the first three years of the rule of the Prophet (peace and blessings of Allah be upon him),
Abu Bakr (may Allah be pleased with him) and ‘Umar (may Allah be pleased with him)?
Ibn Abbas (may Allah be pleased with him) said: Yes. (Muslim, 3648)
Multiple commentators of this hadith have said that the method of three divorces at that time was different words (you divorce, you divorce, you divorce).
From this, it becomes clear that the decision of Umar (may Allah be pleased with him) on three divorces was to grant three divorces in different words (you divorce, you divorce, you divorce).
Triple talaq in the same word (three divorces to you) is not about this.
A statement of Ibn Abbas (may Allah be pleased with him) narrated in Abu Dawood also strongly supports this view.
Triple Talaq in Islam
Ibn ‘Abbas (may Allah be pleased with him) said:
‘If a man says three divorces in the same word, then one divorce will fall on that woman.’ (Abu Dawood, 2199)
Allama Ashbal – Rahimahullah – said –
‘We think that the person (you have three divorces) uttered only one word and he granted only one divorce.
This statement of his cannot be the target of the Sahaba or other quarrels.
They have disputed only about the person who has given triple talaq in one or more meetings saying different words (you divorce, you divorce, you divorce).
Umar – may Allah be pleased with him – had a decision on this type of divorce. (Sahih Fiqh Sunnah, 3/26)
If we do not accept this analysis, then the first form of three divorces together, that is, three divorces in the same word, will come out of our discussion.
Only the second and third forms will be the subject of discussion.
Triple talaq at once in the Nawabi era
There is no evidence that the Prophet (peace and blessings of Allah be upon him) performed three divorces together.
On the contrary, there are enough authentic documents wherein the time of the Prophet (peace and blessings of Allaah be upon him) three divorces were considered as one divorce.
The first document – Abu Sahaba – Rahimahullah – Ibn Abbas – Radiyallahu Anhu – who said – Do you know –
During the first three years of the rule of the Prophet (peace and blessings of Allah be upon him),
Abu Bakr (may Allah be pleased with him) and ‘Umar (may Allah be pleased with him), three divorces were counted as one divorce.
Ibn Abbas (may Allah be pleased with him) said yes. (Muslim, 3648)
The second document – Rukana Ibn Yazid, after divorcing his wife three times in the same Majlis (in the interest of keeping her) became very worried.
Then the Messenger of Allah (صلى الله عليه وسلم) asked her, “How did you divorce her?”
Rukana said I gave her three divorces. The Prophet (peace and blessings of Allah be upon him) said in the same meeting? Rukana said yes.
The Prophet (peace and blessings of Allah be upon him) said: It is only a divorce.
If you want, make him king. (Musnad Ahmad, 237 / Abu Yala, 2500 Sahih)
The third document –
The Prophet (peace and blessings of Allah be upon him) was informed that a man had divorced his wife three times at a time.
Then he became very angry. He said –
‘Am I being present among you joking about the Book of Allah?’ Then a man stood up and said, O Messenger of Allah, shall I kill this man? (Nasai, 3401)
How is it possible that the Messenger of Allah (peace and blessings of Allah be upon him) would call a deed a joke about the Book of Allah? Will you recognize this work as effective again?
The four Document: The Prophet (peace and blessings of Allah be upon him) said: ‘Anyone who acts outside our command will be rejected.’ (Bukhari, 2550)
Executing three divorces at once will be rejected as it is an illegal act (which we have discussed earlier).
But since there is no difficulty in enforcing a divorce, it will be enforced.
In short, there is not the slightest evidence that the Prophet (peace and blessings of Allah be upon him) performed Triple divorce at once.
In the New Age, three divorces were considered one divorce. There is not the slightest respite to take another path with a different interpretation.
Triple talaq in Islam at once in the Sahaba era
The age of the Companions began after the death of the Prophet (peace and blessings of Allah be upon him).
After the first caliph, Abu Bakr (may Allah be pleased with him) ascended to the caliphate,
Three divorces were considered as one divorce in the New Age.
This practice continued without any difference of opinion among the Companions until the two years of the Caliphate of Umar (may Allah be pleased with him).
But when Umar (may Allah be pleased with him) saw that a trivial act outside of Sharia like three divorces at once made people think of it as a trivial matter.
He then enacted a state law stating that if three divorces were granted together, three divorces would be enforced.
The simultaneous interpretation of three talaqs and hadith of the Sahih Muslim body
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The first proof
Hafiz Ibn al-Qayyim (may Allah have mercy on him) said:
All the Sahaabah, from the New Age to the first two years of the time of ‘Umar (may Allah be pleased with him), agreed that three divorces should be one divorce.
Maybe by fatwa or acknowledgment or from silence. Some people have claimed that the three talaqs are one team and the consensus of the Companions is Kadim. (Aonul Maud Ala Sharhi Abi Dawood, 4/303)
It is noteworthy that one of the three long-standing issues among the Companions is a decision by Umar (may Allah be pleased with him)
alone will radically change and it will never be possible for them to agree on the opposite view.
The second proof
Ali, Ibn Abbas, Ibn Mas’ud, Zubair Ibn Awwam, Abdur Rahman Ibn Auf – Radiallahu Anhum – among the Companions of Akbar used to give fatwas to fall into one lock.
Although some of them have the opposite view. (Aonul Maud Ala Sharhi Abi Dawood, 4/304 / Sahihu Fiqh Sunnah, 3/275)
The third proof
A statement by Ibn Abbas (may Allah be pleased with him) narrated in Abu Dawood also strongly supports this view.
He said, “When a man says three divorces in the same word, one divorce will fall on that woman.” (Abu Dawood, 2199)
Fourth Evidence: Ibn Hisham said that al-Mugis said that divorce is divided into two parts, talaq is sunnah and talaq is bidah. . There is no dispute about the Sunnah falling on the lock.
But there is a difference of opinion among the Ahl al-Ilm as to how many divorces will fall if Bidah gives three in one word.
Ali (may Allah be pleased with him) and Ibn Masood (may Allah be pleased with him) said: There will be a divorce. (Igasatul Lahfan, 1/326)
Fifth proof
Giving three divorces at once (rejecting the Shari’ah) is a haram act which we have discussed earlier.
And it is difficult to imagine that the best thinkers of the Ummah would agree that a haraam act would be effective.
(Aonul Maud Ala Sharhi Abi Dawood, 4/303)
All in all, in the time of the Companions, a state decision of Umar (may Allah be pleased with him) was made to perform three divorces at once.
His decision can be said to be the source or basis of many disputes.
No Ahl al-Ilm can claim that consensus was formed at that time based on this decision.
Three divorces together in the era of Mujtahidin in Tabiin and Emma
We have learned that the source of the dispute in the month in question was in the time of Omar (may Allah be pleased with him).
Since then, the mountain scholars of the Ummah have been divided into two groups centering on it for ages.
Many hadiths, jurists, and even the famous imams of the four schools of thought are in favor of three divorces.
However, a large number of Muhaddithin imams of the great community of the ummah and many Muhaqqiq scholars –
Of the four madhhabs have been coming up with the opinion that Triple talaq should fall into one talaq.
Triple divorce together and the opinion of the Imams
One: Abdur Razzak narrates that the famous Tabii Taus did not think that divorce could take place outside the legal system of divorce and waiting period. (Musannafe Abdur Razzak, 10925)
Two: Ibn Abi Shaybah said that Taus Ata Ibn Abi Ribah and Jabir Ibn Zayd would all say that if a man divorces his wife three times before intercourse.
Then a divorce will fall on that wife. (Musannaf Ibn Abi Shaybah, 18179)
Three: Ishaq ibn Rahwai said that if a virgin girl is given Triple talaq, one divorce will fall. (Igasutul Lahfan, 1/324)
Four – Prominent Tabii Hasan Basri used to give fatwas for a long time that Triple talaq would fall into three talaqs.
Triple divorce in Islam
But Qatada Humaid and Yunus said that Hasan Basri used to issue a fatwa at the end of his jinn from this masala (if three divorces were granted) one bay ah would fall. (Igasatul Lahfan, 1/325)
“I asked Hassan Basri about the man who divorced his virgin wife three times,” Katada said.
Then Hasan said it will be up to three. This is the fatwa he has given for a long time.
Then he turned away from it and said that only one divorce would separate him.
This is what he said for the rest of his life. (Musannafe Abdur Razzak, 1106)
Five: Triple talaq will be one divorce. This is the opinion of Imam Malik (Rah).
This view has been narrated by Imam Malik (Rah.) By the followers of a Maliki school of thought, including Tilmisani. (Igasatul Lahfan, 1/326)
Six: Ibn Hisham said that Al-Mugis said that divorce is divided into two parts, the talaq is Sunnah and the talaq is bid’ah. .
There is no dispute about the fall of the Sunnah on the lock.
But there is a difference of opinion among the Ahl al-Ilm as to how many talaqs will fall if bidah gives three talaqs in one word.
Ali (R.) and Ibn Mas’ud (R.) said there will be a divorce. (Igasatul Lahfan, 1/326)
In several other verses, the fact that three talaqs are one talaq has been mentioned as a madhhab of various Tabei and Muhaddiths.
We are not mentioning it because the discussion is getting longer.
The answer
The prevalence of other sahih hadiths cannot be limited by the mention of Madkhul Biha (a woman who has not had sexual intercourse) in a narration.
Moreover, the hadith of Abu Dawood is also weak (Jaif). (Aonul Maud Ala Sharhi Abi Dawood, 4/303)
Thus some more answers are given about which Allama Shawqani says that those who think that Triple talaq falls on three floors give different answers to the hadith of Ibn Abbas (Radi).
But none of these answers are free from exaggeration. But the truth is that it is more suitable to accept.
If their actions are motivated by the protection of the Aslaf’s Mazhar, then it cannot have the slightest effect on the established Sunnah.
And if it is because of the fatwa issued by Umar (Radi) then is there any Muslim who can consider his knowledge and conscience safe by emphasizing the words of a Companion on the words of the Prophet? (Nailul Awtar, 6/723)
Triple Talaq in Islam – Note
Here remains the question: When the Prophet (peace and blessings of Allah be upon him) used to execute three divorces in one divorce,
How did ‘Umar (may Allah be pleased with him) dare to execute three divorces in three divorces?
To understand the answer to this question, we need to understand whether Umar (Radi) has made any haram halal or any halal haram. Not at all.
Rather, he enacted the law as a form of intimidation and punishment to deter people in his time from engaging in Sharia-prohibited divorce.
As an Amirul Muminin, he can do it for the welfare of the people.
Since it is the responsibility of Amirul Mumin to change some laws and punishments due to the change of age and generation.
The caliph has the right to behead or deport for a few days, as well as eighty lashes for drinking alcohol.
The Prophet (peace and blessings of Allah be upon him) instructed the three Companions to stay away from their wives because they did not take part in the battle of Tabuk.
It was like this. (Majmoo ‘Fatawa Shaykhul Islam Ibn Taymiyyah, 33/17)
Second document and review
Imam Ahmad (may Allah be pleased with him) narrated in his Musnad that Ibn ‘Abbas (may Allah be pleased with him) said: Rukana Ibn’ Abd Yazid divorced his wife three times in the same meeting.
Then he (in the interest of keeping that wife) became very worried.
Then the Messenger of Allah (صلى الله عليه وسلم) said to Rukana, “How did you divorce her?”
Rukana said I have divorced three times in the same meeting.
The Prophet (peace and blessings of Allah be upon him) said: It will be only a divorce. If you want, make him king. Then Rukana made him king.
(The hadith has been narrated by Imam Ahmad and Abu Yala and the source of Muhammad ibn Ishaq has been Saheeh)
This hadith is a document on the fall of one divorce if triple talaq is given at once without any kind of explanatory analysis.
Therefore, it is never safe to reject the hadith and take a different view.
Yet those who are in favor of Triple talaq raise a few questions about the hadith. We are discussing that question and its answer below.
One: There is disagreement about the seqah of Muhammad ibn Ishaq and his Shaykh.
Answer: Those who call the hadith unacceptable by calling Muhammad ibn Ishaq a mukhtalaf fihi rabi accept many hadiths of the same sanad as evidence.
One such hadith is that the Prophet (peace and blessings of Allah be upon him) returned his daughter Zaynab to Abu Rabi ‘ibn Rabi’ while keeping the first marriage.
And the second thing is that not every mukhtalaf fihi rabi is unacceptable.
Two: This hadith itself contradicts the fatwa of its rabbi Ibn Abbas. Therefore, it cannot be said that even though Ibn ‘Abbas had this hadith, he did not accept it and issued his fatwa.
On the contrary, he must have had a document that gave the fatwa of three divorces falling predominant on the hadith.
Answer: If there is any discrepancy between the narration of Rabi and the fatwa, the narration itself is accepted.
Moreover, it is not the job of the Ahl al-Ilim to abandon a Marfu ‘hadith based on the possibility of a predominant document.
Three: This is a (shaj) unknown madhhab
Triple divorce in Islam
Answer: It is not correct to say that it is an unknown madhhab.Because this madhhab has been narrated by Ibn al-Mughis in his book Usa’ik from many companions including Ibn Abbas Ibn Mas’ud Abdur Rahman Ibn Auf and Zubair.
Similarly, Shaykh Anaji is quoting this opinion from a Jamaat Alem in Qurtubar. Such as Muhammad ibn Taqi ibn Makhlad Muhammad ibn Abdus Salam and others.
Ibn al-Munjir has quoted this opinion from Ibn ‘Abbas (may Allah be pleased with him), a student of Ata Taus Amr Ibn Dinar. (Fathul Bari, 9/314)
Thus many Muhaqqiq Imams from Mutaakhkhirin have adopted this view, notable among them being Imam Ibn Taymiyyah Imam Ibn Qayyum.
If it is in line with the hadiths of Ishaq and Ibn Jurayj, then it becomes Turk
Four: Abu Dawood mentions the hadith of Rukana that tala was ‘batta’ or Kenai talaq.
Answer: Hafiz Ibn al-Qayyum said that Abu Dawood gave precedence to the hadith of Batta over the hadith of Ibn Jurayj.
Because he has narrated the hadith of Ibn Jurayj in Majhul Sutra.
But Abu Dawood did not narrate the hadith which Imam Ahmad narrated from Rukana in his Masnad Ibn Ishaq.
But there is no doubt that the hadith of Ahmad is purer than the hadith narrated by Abu Dawood and the hadith narrated by Ahmad.
As such, the hadith of Ibn Jurayj is increasing the martyrdom and strength of the hadith narrated by Ahmad.
If the hadith narrated from Ibn Abbas to Abu Sahab is compared with the hadith of Ibn Ishaq and Ibn Jurayj, then it is becoming a Turk in Tayaddud, which is stronger than the hadith of Batta. (Aonul Maud Ala Sharhi Abi Dawood, 4/305)
Third document and review
Abdur Razzaq narrated a hadith from Ubada Ibn Samit (Radi.). Ubada Ibn Samit (may Allah be pleased with him) said: My grandfather divorced one of his wives a thousand times.
Then he went to the Prophet (peace and blessings of Allah be upon him) and asked him about the rules of divorce. The Prophet (peace and blessings of Allah be upon him) said: Your grandfather did not fear Allah.
So Triple talaq will be valid for him and the remaining nine hundred and ninety-seven divorces will be considered as transgression and injustice.
God will punish or forgive him if He wills. (Abdur Razzak, 11339)
Allama Shawqani (Rah.) Said that among the rabbis of that hadith there is a rabbi named Yahya Ibn Ala who is one of the rabbis.
And another rabbi named Ubaidullah is unacceptable. Besides, there is another majhul rabbi named Ibrahim bin Ubaidullah.
So how can these hadith be a document? (Nailul Awtar, 6/621) This is a false hadith (Sahihu Fiqh Sunnah, 3/282)
Fourth document and review
Hadith narrated from Sahl Ibn Sayyad in Bukhari with the story of Umayr Al Azlani and his wife Lian.
In that incident, Sahl said, then they both lied.
I was with other people near the Prophet (peace and blessings of Allaah be upon him).
Then when they finished the lian work, Umayr said, O Messenger of Allah! If I let him go I will be convicted of lying to him.
Then the Prophet (peace and blessings of Allah be upon him) granted her three divorces before giving her instructions.
Ibn Shihab said that this was the first application of the lian rule between husband and wife. (Bukhari, 5259)
The Prophet (peace and blessings of Allah be upon him) did not deny that three divorces fell simultaneously in this incident.
If Triple talaq had not occurred together, then the Prophet (peace and blessings of Allah be upon him) would have denied the divorce of Umayr.
The answer – is triple divorce in Islam
This hadith does not in any way prove that triple talaq fell together in the month in question. Because after Lian, that wife becomes haram for her husband forever.
So since Umayr’s wife has become haram through lian, there is no role for divorce here. (Sahih Fiqh Sunnah, 3/261)
And the fact that the Prophet (peace and blessings of Allah be upon him) did not deny three divorces at once, in this case, does not prove that this type of divorce has fallen.
Since the husband-wife relationship ended because of Lian here, there was no need to deny it.
But where Lian was not, he denied this type of divorce. We have found evidence of this in two hadiths of Nasai and Musnad Ahmad.
Fifth document and review
Hadith narrated from Ayesha (Radi.) In Bukhari Sharif. After a man divorces his wife three times, she remarries. Then the second husband also divorced her.
Then this woman asked the Prophet (peace be upon him) if she would be halal for her first husband.
The Prophet (peace be upon him) said, no! Until the second husband sucks her honey the way the first husband sucked. (Bukhari, 5261)
Sixth Document and Review
Fatima bint Qays was divorced three times by her husband Abu Hafs Ibn Mughira and left for Yemen.
Then Fatima bint Qays asked if she would get support from her husband. Said, there is nothing to support him. But he will pass the waiting period. (Muslim, 1480)
In these two hadiths, the Prophet (peace and blessings of Allah be upon him) did not deny Triple divorce !!!
Answer: There is no mention in the two hadiths that a woman was granted three divorces at the same time. Rather, he was given two divorces before the third divorce.
According to a Muslim narration, “(Fatima bint Qays was divorced by her husband and left for Yaman) and then sent a messenger with the rest of the divorce.”
Moreover, the Companions used to understand the Shari’ah divorce as divorce.
Therefore, it is necessary to accept the Shariah divorce from the discussion between them. (Sahih Fiqh Sunnah, 3/261)
An answer – Triple divorce in Islam
The rest is to give triple divorces from Umar (Rad.) At once. Umar (Radi.) Was Amirul Muminin.
If he issued the fatwa as a state decree, it was a political decision of his.
So the political decision of one era does not apply to another era.
And if it is said that it was his own opinion, then how can a Companion’s own opinion be acceptable in the face of Marfa Hadith?
Moreover, contrary to his opinion, there are many positions in the Companions of Akbar.
Moreover, if we look at the position of the Shari’ah on divorce, we can see that the Shari’ah views divorce or separation between husband and wife with great dislike.
The Shari’ah never wants an overnight separation between husband and wife.
On the contrary, only when the marital strife has reached an unbearable level has the divorce system been approved as a way to get rid of it.
And whether the marital quarrel has reached an unbearable level will be understood in the manner prescribed by the Shari’ah when divorce comes into existence.
Because if there is a forgivable problem between husband and wife,
It is possible to resolve it after one or two divorces during the waiting period.
But if the problem is unforgivable, it will not be possible to solve it even if the waiting period is over.
And when the solution is not possible, then the marital quarrel will be unbearable.
So if we execute three divorces together, it will open the way for overnight divorce or separation between husband and wife,
On the one hand, the lack of opportunity to reign in the waiting period, on the other hand, it is not clear whether their problem was unbearable.
Triple talaq in Islam
This will reduce the position of the Shari’ah regarding divorce. Which is not desirable at all.
Especially in our age when giving three divorces together has become a very common practice.
Then many people are living with that wife without heeding the fatwa.
In such a situation, if we give the direction of the document, we will issue a fatwa accepting the opinion which is relatively weak and contrary to the position of the Shari’ah.
Then Allah knows exactly how many children of Adam are engaging in adultery and how many illegitimate children are being born.