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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.
'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.
'(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).
'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. |
