#786: The ruling of Pronouncing the Three Divorce at the Same Time

786 QUESTION

“My questions are not attented too. I firstly asked about married is it valid in Islam to divorce a woman three at ones and if it happen what is Islamic rule? And if it is only one divorce and the wife refused to return after husband command her to return since she is still his wife?”

ANSWER:

Alhamdulillāh.

We apologise for the delay in responding to your question, may Allāh forgive us and you, amīn.

As for three Divorce pronounced at once by the husband, the position favoured by majority of the Fuqahā from the four Madh’hab is that it is regarded as such: three divorces at once and the wife thereby becomes Harām for him until she consummates marriage with another man and is divorced and gets remarried by him. Their reason for this ruling is that his intention by a mention of the three divorces is to make her impermissible for him. It is the position of the Imāms themselves: Mālik, Ash-Shāfi’ī, Ahmad, and Abū Hanīfah – rahimahumullāh.

Whereas Shaykhu Al-Islam Ibn Taymiyyah – rahimahullāh – and those who agree with him such as the Zāhiriyyah and Tāwus, rahimahullāh held that it is regarded as one divorce simply. His reason and evidence for this is the Hadith of ‘Abdullah bn ‘Abbās – radiyallāhu ‘anhumā – where he said:

“Three divorce pronounced at once was regarded as a single divorce in the era of the Rasūl -salallāhu alayhi wasallam -, Abū Bakr and two years into the Khilafah of ‘Umar…”

This is recorded by Imām Muslim in his Sahīh. The implication of this Hadīth is that making three divorces at once count as three divorces pronounced is an Ijtihād from Umar bn Al-Khattāb – radiyallāhu’anhu.

But what seems stronger to us, and Allāh knows best is the position of the majority given the intention of it’s sayer.

As for the dispute on whether she remains his wife or not, then what is advised by Ulamā in matters related to marriage and divorce is that they be referred to competent Muslim judges who has the jurisdiction to settle such matter. In the absence of it, a reliable and Pious ‘Ālim.

Bārakallāhu Fīkum
Jazakumullāhu Khayran.

20th Ramadān, 1440AH.

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