JAMIATUL ULAMA (KWAZULU-NATAL)
Three Talaaqs in one
sitting
A Nikah is meant to last a lifetime. However at times
when the marriage has, despite all efforts to save it reached a point
of no return, the Shariah has permitted the dissolution of the Nikah
by means of Talaaq. Nevertheless, this is the very last resort.
Rasulullah (Sallallaaahu Alayhi Wasallam) is reported to have said:
"The most detested of all permissible things is Talaaq."
The
most severe form of Talaaq is the issuing of three Talaaqs. This
irrevocably severs the marriage, whether such Talaaq was issued over
a period of time or whether in one sitting and in one breath. This is
the clear ruling established from the Qur'an and Hadith.
Some
'scholars' consider the giving of three Talaaqs in one sitting as
'one Talaaq'. As a result of this ruling, some couples that have
divorced are using this 'view' to re-unite and reconcile in
marriage.
It must be remembered that the Jamiat has a standing
policy always to 'make a marriage - never to break it'. This depends
entirely on the couple's situation and decision in their marriage. In
the case where a husband confronts his wife saying, 'I divorce you, I
divorce you, I divorce you' - in one sitting or even in one breath,
according to the Islamic Fiqh - the Shari'ah - three Talaaqs take
place. This is termed as .
Based on the Noble Qur'an and
Hadith of Rasulullah (Sallallaahu Alayhi Wasallam), the four most
respected and distinguished scholars, viz. Imaam Shaaf'ee, Imaam Abu
Hanifa, Imaam Maalik, Imaam Ahmed bin Hanbal (Rahmatullaahi Alaihim)
hold the view that three Talaaqs occur even when they are issued
simultaneously.The discussion hereunder elaborates on this question
in detail.
Allah says in the Noble Qur'an:
'Divorce is
twice'. (Qur'an 2;229)
In Jalaalain Shareef, a widely accepted
commentary of the Noble Qur'an, the explanation of the above verse is
given as follows:
'The issuing of divorce after which it
is correct to revoke - two (divorce)'
'If the husband
divorces (his wife) after two divorces then she is not Halaal for him
after the third divorce'.(Jalaalain p.34)
Explaining the above
verse, Abu Bakr Jassas Razi (Rahmatullaahi Alaihi), an expert in
Jurist, states in Ahkaamul Qur'an:
If both Talaaqs are
given together, both will be effective and this is clearly indicated
in the Qur'an. (Vol. 1 page 387)
Abu Bakr Jassas Razi
(Rahmatullaahi Alaihi) further explains:
'(Upon issuing
the third divorce), she (the wife) will not be permissible for him
(the husband). There is no difference whether the (divorces) were
given in one Tuhr (clean period) or two different Tuhr (clean
periods). The ruling will apply with regard to the issuing of all
three divorces in which ever way the husband had issued
them'.(ibid)
He also states that it is proven from the Noble
Qur'an, Sunnah and consensus of pious predecessors that the giving of
three Talaaqs simultaneously is effective.
Allama Alusi
(Rahmatullaahi Alaihi) states:
'(And this ruling) upon which
the people of Haq (Truth) today have opposed all of that (three
Talaaqs being one). ( Ruhul Maani Vol. 2 p.13)
While a
detailed explanation from authentic Tafaaseer could be given
pertaining to three Talaaqs being effective in one sitting, in the
interest of brevity, we will substantiate the same from the Ahaadith
of Rasulullah (Sallallaahu Alayhi Wasallam).
Hadhrat Ali
(Radhiallaahu Anhu) reports that when Rasulullah (Sallallaahu Alayhi
Wasallam) heard one person giving his wife three divorces, Rasulullah
(Sallallaahu Alayhi Wasallam) became angry and said:
'You are
making a mockery of the verses of Allah and the Deen of Allah.
Whosoever gives his wife a terminating divorce, we will make three
binding on him. His wife will not be Halaal for him until she does
not marry another husband.' (Darul Qutni Vol.4 p.20)
If three
Talaaqs given together were regarded as one then the Prophet
(Sallallaahu Alayhi Wasallam) would not have got angry. He would not
have said, 'We impose three Talaaqs on him'. He did not even ask if
the Talaaqs were given in one sitting. This Hadith is clear in that
three divorces given together will be three divorces and not
one.
'It is reported from Mahmood Ibn Labid that
Rasulullah (Sallallaahu Alayhi Wasallam) was informed of a person who
had given his wife three divorces at once. Rasulullah (Sallallaahu
Alayhi Wasallam) stood up in the state of anger and said, 'Are you
playing with the Aayats of Allah and His Kitaab whilst I am among
you.' A person stood up and said, 'Oh Rasulullah! Should I not kill
him?' (Mishkaat Vol2 p.284)
This Hadith too is explicit that
three Talaaqs were given together; therefore Rasulullah (Sallallaahu
AAlayhi Wasallam) got angry. If three Talaaqs were one, Rasulullah
(Sallallaahu Alayhi Wasallam) would not have become angry. The
Sahaaba also understood from Rasulullah (Sallallaahu Alayhi Wasallam)
that three Talaaqs were valid and that is why one Sahaabi even asked
for permission to kill the person who gave his wife three
Talaaqs.
'Ibn Umar (Radhiyallaahu nhu), was asked about a
person who gave Talaaq three times. He remarked, 'If he had given her
one or two divorces he could have taken her back for which Rasulullah
(Sallallaahu Alayhi Wasallam) ordered me the same. But if he had
given her three Talaaqs then she is Haraam upon him until she marries
another man.' (Bukhari Vol2 p.792)
In the incident of
Lia'an, Hadhrat Uwaymir said to the Prophet (Sallallaahu Alayhi
Wasallam), 'I have spoken a lie on her if I kept her (as my wife).
Hence I divorced her three times.' (Mishkaat Vol.2 p.245)
Abu
Bakr Jassas Razi (Rahmatullaahi Alaihi) also quotes this Hadith to
substantiate that three divorces in one sitting is three. The action
of Hadhrat Uwaymirtook place in the presence of Rasulullah
(Sallallaahu Alayhi Wasallam). The Prophet (Sallallaahu Alayhi
Wasallam) acknowledged its validity as three.
Once Imaam
Hassan (Radhiyallaahu nhu) told his wife:
'Go away, for
you are divorced thrice'
When he was grieved at the separation
of his wife, he said:
'If I had not heard my grandfather
(Rasulullah) (or if my father did not tell me that he heard my
grandfather) saying, 'Whosoever gives his wife three Talaaqs in the
state of Tuhr (cleanliness) or three Talaaqs together, she is not
Halaal for him until she does not marry another man, until then he
cannot take her back.' (Darul Qutni Vol. 2 p.438)
This
incident reiterates the fact that three Talaaqs in one sitting is
three and not one. If anyone who was worthy of any exception to the
Law, it would be the illustrious grandson of Rasulullah (Sallallaahu
Alayhi Wasallam), Hadhrat Hassan bin Ali (Radhiyallaahu Anhu).
However, this was not the case. The rule of three Talaaqs in one
sitting was binding on him too.
Let us now look at the view of
some of the great scholars of Deen on the issue of three Talaaqs
being regarded as three in one sitting.
Imaam Bukhari's
(Rahmatullaahi Alaihi) expertise in the field of Hadith is
unanimously accepted. His research in the matter of three Talaaqs
concludes that three Talaaqs in one sitting is three and not one. In
his Sahih he titled a chapter with the following heading: 'The
chapter of he who permits three Talaaqs.' He supports this with the
following Hadith:
Hadhrat Ayesha Radhiyallaahu Anha
narrates that a man gave his wife three divorces. The wife remarried
and (incidentally) her (second) husband divorced her. It was then
asked to Rasulullah (Sallallaahu Alayhi Wasallam), 'Is she Halaal for
the first husband?' He (Rasulullah) replied, 'No,not until he tastes
her sweetness (consummates the marriage) like how the first husband
tasted her sweetness.' (Vol. 2 p. 791)
With regard to the
above incident Hafiz Ibn Hajar explains that the husband had given
his wife three Talaaqs together.
'His words divorced
thrice explicitly indicates that (the Talaaqs) were given together.'
(Fathul Baari Vol.9 p.280)
Imaam Muslim (Rahmatullaahi Alaihi)
(a famous student of Imaam Bukhari) also holds the same view as Imaam
Bukhari (Rahmatullaahi Alaihi).
Imaam Nawawi (Rahmatullaahi
Alaihi) writes:
'Imaam Shaaf'ee, Imaam Maalik, Imaam Abu
Hanifa, Imaam Ahmad and all the Ulama of the past say that three
Talaaqs in one sitting is three.(Muslim vol.1 p.478)
Some
people attempt to justify their claims that three Talaaqs in one
sitting constitutes only one Talaaq, by by citing the Hadith of
Rukana ibn Yazid (Radhiyallaahu Anhu). It is claimed that Hadhrat
Rukana ibn Yazid (Radhiyallaahu Anhu) pronounced three Talaaqs in one
sitting, but Rasulullah (Sallallaahu Alayhi Wasallam) declared that
it constituted only one Talaaq. However, this Hadith does not contain
any clear indication that three Talaaqs were issued. In an
explanation to this Hadith, Imaam Muslim quotes many narrations, that
Rukana (Radhiyallaahu Anhu) pronounced Talaaq Al-Battat. The word
'Al-Battat' could mean one Talaaq or three Talaaqs. This is dependent
on the intention. Therefore Rasulullah (Sallallaahu Alayhi Wasallam)
did not ask him, 'How did you pronounce the divorces?' but instead,
he (Sallallaahu Alayhi Wasallam) asked him, 'What did you intend with
that?' Rasulullah (Sallallaahu Alayhi Wasallam) did not even ask if
he pronounced it in one sitting. The complete text of this Hadith is
as follows:
'Abdullah ibn Yazid ibn Rukana (Radhiyallaahu
Anhu) reports from his father who reported from his grandfather
saying, 'I came to Rasulullah (Sallallaahu Alayhi Wasallam) and said,
"Oh` Prophet of Allah! I pronounced Talaaq Al-Battat to my
wife". Rasulullah (Sallallaahu Alayhi Wasallam) asked him, "What
did you intend with that (Al-Battat)", I said, "One
(divorce)." The Prophet (Sallallaahu Alayhi Wasallam) said, "By
Allah (do you swear)?" I said, "By Allah (I swear)."
Rasulullah (Sallallaahu Alayhi Wasallam) said, "Then it is
according to what you intend."( Muslim Shareef, (Chapter on
Talaaq), Tirmidhi Vol. 1 p. 140 and Abu Daawood Vol. 1 p. 306.)
If
we suppose that it was a general rule that three divorces in one
sitting constitutes one divorce, then why did the Prophet
(Sallallaahu Alayhi Wasallam) ask him his intention? This questioning
in itself indicates that there is a possibility that it could one or
threel. The purpose of the questioning was definitely not to ask
whether it was in one sitting or not because there is no mention of
this in any Sahih Hadith.
Even the great Sahaabi Ibn Abbas
(Radhiyallaahu Anhu)declared three Talaaqs to be three. This is
clearly ascertained from the following narrations.
Mujahid
reports, 'I was in the company of Ibn Abbas (Radhiyallaahu Anhuma)
when a man came and informed him that he had given his wife three
Talaaqs. Ibn Abbas (Radhiyallaahu Anhuma) remained silent and we
thought that he would send her back to him. Then he said, 'You walk
and ride on stupidity, then you say: "Oh` Ibn Abbas! Oh` Ibn
Abbas!" Allah says, "Talaaq (after which revoking is
permissible) is twice....." You have disobeyed your Rabb and
your wife is separated from you.' (Abu Daud)
Imaam Maalik
(Rahmatullaahi Alaihi) in his Muwatta'a quotes the Fatwa of Ibn Abbas
(Radhiyallaahu Anhuma) as follows:
'It has reached me
(Maalik) that one person said to Ibn Abbaas, "I divorced my wife
a hundred times, what will you rule on me?" Ibn Abbas said, "She
is divorced from you with the first three Divorces and for the
ninety-seven, you have taken the Aayats of Allah as a mockery."
From
the above quotation, it is clear that Ibn Abbas (Radhiyallaahu
Anhuma) gave the verdict of three Talaaqs without inquiring the
manner i.e. whether given in one Majlis (sitting) and without asking
about the intention of the number of Talaaqs.
Hence it is
absolutely clear that three divorces issued simultaneously will be
effective and they will irrevocably sever the Nikah. Hence Talaaq
should not be treated lightly. It is a serious matter with extremely
serious consequences.
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