The Ruling on Pronouncing Divorce Three Times at Once
الفئة: Islamic Rulings

The Ruling on Pronouncing Divorce Three Times at Once


Question :

A man pronounced divorce on his wife three times at once, what is the ruling (on this)?


Answer:

If a man pronounces divorce on his wife three times, by saying to her: "You are thrice divorced," then the majority of the scholars hold that the three divorces upon the woman are counted, and that she is then forbidden to her husband, until she marries another man of her choice-not Nikah At-Tahleel- and he has sexual intercourse with her and then parts from her by death or divorce. As evidence for this, they cited the fact that 'Umar bin Al-Khattab, may Allah be pleased with him, endorsed it for the people. Others among the scholars held that it is considered to be only one divorce, and that he may take her back as long as she is still in her waiting period. If she completed her waiting period, it is permissible for him to marry her with a new contract. As evidence, they cited the Hadith confirmed in Sahih Muslim on the authority of Ibn 'Abbas, may Allah be pleased with them, in which he said: "In the time of the Prophet ﷺ and in the time of Abu Bakr, may Allah be pleased with him, and for two years during the Caliphate of 'Umar, may Allah be pleased with him, three pronouncements of divorce were considered one. 'Umar, may Allah be pleased with him said: 'Verily the people have been impatient in a matter in which they should be patient, so if we carry it out upon the people (it would be better). So he carried it out upon them.

In another narration by Muslim, it is reported that Abu As- Sahba' said to Ibn 'Abbas, may Allah be pleased with them: "Were not three taken as one, in the time of the Prophet ﷺ and in the time of Abu Bakr, may Allah be pleased with him, and for three years of the rule of "Umar, may Allah be pleased with him?" He replied: "Yes."

They also cited evidence in the narration of Imam Ahmad in his Musnad, with a good (Jayyid) chain of narrators, on the authority of Ibn 'Abbas, may Allah be pleased with them, in which it is stated that Abu Rukanah pronounced divorce on his wife thrice, and he became very depressed over her. The Prophet ﷺ
returned her to him, saying:
"It is only one (divorce)."

They use this Hadith and the one before it to apply to a divorce pronounced three times simultaneously. This reconciles between these two Hadiths and the Words of Allah, Most High:
"The divorce is twice."

And the Words of Him, the Almighty, the All-Powerful:
"And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband."

And Ibn 'Abbas, may Allah be pleased with them, held this opinion, according to an authentic narration from him, and he supported the view of the majority in another narration from him.

The view that it is counted as one is narrated from 'Ali, 'Abdur- Rahman bin 'Awf and Az-Zubair bin Al-'Awwam may Allah be pleased with all of them and this was the opinion of a group among the Tabi'in and Muhammad bin Ishaq, the author of As-Sirah, as well as a group of the earlier and the later scholars and Shaikh Al-Islam Ibn Taimiyyah and his student, Ibn Al- Qayyim may Allah have mercy on them both and that is my verdict. This is because by it, all of the evidences are acted upon, and also because therein lies mercy and kindness for the Muslims.


Source:
Ibn Baz
Fatawa Islamiyah, Vol. 6 Pages 33-34-35

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الفئة: Islamic Rulings
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