Glad tidings are for him who finds abundant invocations for forgiveness recorded in his book of deeds.
(Ibn Maaja)
Three Talaaqs
Is it permissible to give three talaaqs at once?
Imam Abu Hanifah and Imam Malik (Rahmatullahi Alayhima) are of the opinion that to give three talaaqs in one sentence is Haraam and Bid’at (an innovation). This is also narrated from Imam Ahmad. From the Sahaabah, this is narrated from Hadhrat Umar, Ali, Ibn Masood, Ibn Abbas and Ibn Umar (Radhiallahu Anhum). Imam Nasa’i has recorded a hadeeth on the authority of Hadhrat Mahmud Ibn Labid that the Holy Prophet (Sallallahu Alahi Wasallam) was informed of a man who had given his wife three talaaqs at once. The Holy Prophet (Sallallahu Alahi Wasallam) stood up angrily and said, “Does he play with the book of Allah whilst I am present amongst you?” It is narrated that Hadhrat Umar (Radhiallahu Anhu) would punish by flogging anyone brought to him who had divorced his wife with three talaaqs.
According to the opinion of Imam Shafi’ee (Rahmatullahi Alayhi) pronouncing three talaaqs at once is not haraam, however, it is preferred that three talaaqs should not be given together in one “tuhr” (state of purity).
The preferred method of divorcing is to say once or write “I divorce you”. This should be in a “tuhr” in which there has been no sexual intercourse and then leave the wife alone until she passes three periods.
Are three talaaqs counted as three?
If a man says to his wife, “You are divorced”, “You are divorced”, “You are divorced” or “I divorce you” “I divorce you”, “I divorce you” or says only once “I give you three talaaqs” then do three talaaqs take effect or are they counted as being only one talaaq?
- The most famous opinion in regards to the ruling of three talaaqs is the verdict of the Four Imams (Imam Abu Hanifah, Imam Malik, Imam Shafi’ee, Imam Ahmad) and the majority of the scholars from the time of the pious predecessors to this day that three talaaqs take effect and are counted as three. This is narrated from Hadhrat Umar, Uthman, Ali, Abdullah Ibn Mas’ood, Ubaadah Ibn Samit, Abu Hurairah, Ibn Abbas, Ibn Umar, Abdullah Ibn Amr, Anas Ibn Malik and Hasan Ibn Ali Ibn Abi Taalib (Radhiallahu Anhum).
- The Ja’fariah Shi’ah claim that such sentences have no effect and thus not even one talaaq takes place.
- The Ahl-Zahir (Salafees), Ibn Taymiyah and Ibn Al-Qayyim are of the opinion that only one talaaq raj’ee takes effect.
In support of their stance, the Salafees present two Ahaadith. The first is the saying of Hadhrat Abdullah Ibn Abbas (Radhiallahu Anhuma) recorded by Imam Muslim in his Saheeh which states that three talaaqs were counted as one in the time of the Holy Prophet (Sallallahu Alahi Wasallam), Abu Bakr and for two years into the khilafat of Umar Ibn Khattab. Then Hadhrat Umar (Radhiallahu Anhu) said, “Surely people have rushed into a matter in which there was some respite for them, so it would be better if we put an end to it. Then he executed the ruling. (Takmila Fathul Mulhim, P.151 Vol 1) The second is a hadeeth reported by Imam Ahmad in which it is mentioned that Rukaanah Ibn Abdul Aziz pronounced three talaaqs to his wife in one instance and the Holy Prophet (Sallallahu Alahi Wasallam) counted it as one talaaq.
However, the reality is that neither hadeeth can be used as evidence. In the blessed time of the Noble Prophet (Sallallahu Alahi Wasallam), if someone pronounced the sentence three times and said his intention was to give only one talaaq with the first sentence and that repetition was merely for emphasis, not to give three separate talaaqs, then because of the purity of the hearts of the people, his claim would be accepted.
As time passed and Hadhrat Umar (Radhiallahu Anhu) became the khalifah, the population had increased. Hadhrat Umar noticed that lying had become commonplace. People would repeat the word talaaq three times and then say that they were only emphasising the first one and so he decreed that three talaaqs take effect and count as three. Anyone’s claim of only intending emphasis and not three separate talaaqs was no longer accepted.
Furthermore, in the time of the Holy Prophet (Sallallahu Alahi Wasallam) pronouncing even one talaaq was considered as severe as three. For this reason, Hadhrat Umar, after seeing a decline in moral standards declared three talaaqs to count as three in case people begin taking the issue of talaaq lightly.
Allamah Maaziri mentions that some people might argue that Hadhrat Umar (Radhiallahu Anhu) abrogated a ruling of Shariah whereas abrogation is only possible for Rasulullah (Sallallahu Alahi Wasallam); no one after him can abrogate any Shariah law. This argument is not correct because if Hadhrat Umar had cancelled a ruling of the Shariah then the Sahaabah would have immediately contested and pointed out this mistake. He did not abrogate, he merely acted according to the need of the time due to the changes in circumstances. This is like when Hadhrat A’aisha (Radhiallahu Anha) disliked women coming to the masjid for salah. She said, “Had Rasulullah (Sallallahu Alahi Wasallam) seen what the womenfolk have invented, he would definitely have stopped them from the masaajid just as the ladies of Bani Israeel were prevented. (Bukhari)
The hadeeth of Rukaanah Ibn Abdul Aziz mentioned previously is also presented as proof. This hadeeth has been narrated with a variation in wording. In one narration the word “three talaaqs” is mentioned and in many other narrations the word “al-battah”, hence it cannot be used as proof. Al-battah means ‘Baain’, the separating talaaq, as opposed to Raj’ee, which means one in which retaking is allowed.
There are many ahadeeth in support of the consensus of the fuqahaa which substantiate three talaaqs taking effect. Mufti Muhammad Taqi sahib has mentioned fourteen such Aathaar in his commentary of Saheeh Muslim; Takmilah Fathul-Mulhim (p.154, vol1) from which five are mentioned briefly below:
- Imam Bukhari narrates on the authority of Hadhrat A’aisha (Radhiallahu Anha) that a man divorced his wife with three talaaqs. The woman then married someone else only to be divorced again. The Holy Prophet (Sallallahu Alahi Wasallam) was asked if she had become halaal for the first husband. The Holy Prophet (Sallallahu Alahi Wasallam) answered, “No, not unless the second has intercourse with her as was done by the first husband.”
- The hadeeth of Uwaymir Al-Ajlaani also known as the “the hadeeth of li’aan” which clearly indicates that the Holy Prophet (Sallallahu Alahi Wasallam) enforced three talaaqs given at once. In this hadeeth Hadhrat Uwaymir said, “I would be lying if I were to retain her” after which he gave her three talaaqs.
- Imam Bayhaqi has narrated in his Sunan Al-Kubra on the authority of Hadhrat Sawaad Ibn Gaflah that a woman by the name of A’aisha Khathamiah was married to Hadhrat Hasan Ibn Ali. Upon the passing away of Hadhrat Ali (Radhiallahu Anhu) she remarked, “Congratulations upon gaining the khilaafah.” Hadhrat Hasan (Radhiallahu Anhu) got angry and said, “Are you expressing happiness upon the death of my father?” He then gave her three talaaqs. After she had completed her iddah (waiting period upon being divorced), Hadhrat Hasan sent her the remainder of her dowry and an extra ten thousand. Upon receiving the gifts she commented, “A meagre amount from a departing beloved.” When news of this reached Hadhrat Hasan (Radhiallahu Anhu) he began to weep and said, “Was it not that I heard my grandfather” or he said “Was it not that I had heard my father saying he had heard my grandfather saying, “Whoever gives three talaaqs to his wife ………….then she does not become halaal for him until she marries again”, I would have definitely taken her back.
- Imam Abdur Razzaq in his Musannaf and Imam Tabrani narrate on the authority of Hadhrat Ubaadah Ibn Saamit (Radiallahu Anhu) that he said, “Someone from my forefathers gave one thousand talaaqs to his wife. His sons came to the Holy Prophet (Sallallahu Alahi Wasallam) and enquired, “Oh Messenger of Allah! Verily our father has given one thousand talaaqs to our mother. Is there anyway way out for him? The Holy Prophet (Sallallahu Alahi Wasallam) said, “Your father did not fear Allah that He make a way out for him from his affair. She has separated from him by three talaaqs which were given against the sunnah and the sin of nine hundred and ninety-seven remains upon his neck.”
- Imam Nasaai in proof that three talaaqs given simultaneously take effect narrates the incident of Fatimah Bint Qais in which it is mentioned that her husband gave her three talaaqs.
In addition to the above, if analysed rationally in accordance to Islamic jurisprudence, it is clear that three talaaqs should take effect and count as three. Alaamah Qurtubi writes (the summary of which is): In Nikah, freeing of slaves and other transactions, the ruling is that “three counts as three”. For example, if a guardian was to say to someone, “I marry you to these three women” then the nikah of all three will take place. The ruling is the same in the case of freeing slaves. If a man was to say in one instance, “This slave of mine is free, and this one and this one” then all three will be considered to have been freed. Someone might argue that in the case of Qasm (taking an oath) if one said, “By Allah, I take 3 three qasms” then this counts as only one qasm and therefore talaaq should be the same. In response, it would be said that in the case of talaaq, the maximum limit is three and pronouncing three talaaqs is the same as one saying “ I divorce you the maximum number of talaaqs” whereas in taking an oath there is no maximum limit, hence it is not correct to compare to the two.
Finally, Hafiz Ibn Hajr (Rahmatullahi Alayhi) has mentioned that Ijma’ (consensus) of the scholars had taken place in the time of Hadhrat Umar upon three talaaqs taking effect. He writes, “Anyone opposing this, is considered to have discarded the consensus and the majority of scholars are agreed upon the invalidity of the opinion of anyone expressing opposition after the consensus of the scholars.
Hafiz Ibn Hajr came after Ibn Taymiyah and Ibn Al-Qayyim. He had full knowledge of their views. Hence, it seems that he is referring to their view by saying it is against the Ijma’ and should never be considered.
These days some people go around giving fatwa that “three is one” and the couple then stay together. Please note here that Faqeeh Abu-Laith Samarqandi (Rahmatullahi alayhi) has written in Tanbeehul-Gafileen that, “The worst type of zina is when a person divorces his wife three times and then stays with her for fear of disgrace in the eyes of the people. Do they not fear the Day of Judgement when all secrets will be brought into the open? The humiliation on that day will be much more harder to take.” (p.358)
Another misconception among people, which has appeared due to taking talaaq lightly, is that they give three talaaqs which they think are counted as one Raj’ee talaaq. They make Ruju’ (start living together again) and then think that with the passing of time, the one talaaq is also dissolved. So if they give talaaq again after a few months or years and again after some time then there is no harm and they think they can keep doing that. This is exactly what used to happen during the era of Jahiliyyah. A person would divorce his wife and before the iddah finished, he would take her back. Then again he would divorce her and take her back. He would keep doing this, as a result of which the lady would neither be a married woman nor would she be a divorced one. She would just be hanging in the balance all the time. It is for this reason Allah revealed in the Qur’an, “Talaaq is twice. Thereafter hold on in a reasonable manner or release with kindness.” Then Allah went further and said, “If he again divorces her then she will not be halaal for him after this until she marries another husband.”
Therefore, if a person gave one Talaaq-Raj’ee and then revoked that by taking back his wife, this will be counted as one talaaq. If this happens again then the talaaq will add up and become two. And finally after the third time they will be separated for good. The Shariah will say that they are not compatible for one another, and that is why she is ordered to find another husband. No matter how much she may love the first husband, she still has to find someone else; maybe the second one can keep her with more dignity and respect. The same ruling goes for giving three talaaqs in one sentence.
May Allah s.w.t give us all the correct understanding of His deen and grant us the tawfeeq to practice upon His commands. Aameen.
Written by Asif Saleem
Checked and corrected by
Hadhrat Maulana Abdur Raheem Sahib (21/06/10)
Jazakallah for an in depth and informative article. I have been in this situation for 4 years, where my ex husband has been asking me to get back with him after he wrote out 3 talaaqs in one letter to me. The shariah council told us that we can get together after performing nikah again which is now my ex’s main argument, but I am still not convinced.I believe our nikah is over, but he doesn’t. May Allah make it easy for us to accept and move on from what has happened, but once again thank you for such an in depth article that covers all angles of arguments.