Triple Talaq Issue in Islam: Quran, Hadiths & Salaf

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In the name of Allah, the Most Gracious, the Most Merciful

Article Contents 1( )*e Criteria o+ ,i-orce in .ur/an 2( ,i-orce in 0enstrua$ cyc$e is Pro*ibited ( ,i-orce t*ree ti#es in one sitting is Pro*ibited 4( )*ere is no ,i-orce in anger 1( 2i3a* o+ )a*$ee$45re65$anned %a$a$a7 is %ara# and 8ina 9( "*adeet* :*ic* ;<5$icit$y says t*at ta$a&=1 7( >at:a o+ U#ar bin "$ ?*attab ra 8( >at:as o+ Sa*aba )abiyeen and 0u*addit*een '( !*at s*ou$d :e do :*en t*ere is ,i++erence o+ O5inion 10( ,iscussion

1. The Criteria of Divorce in Qur an

[002:228] And divorced women shall wait (as regards their marriage) for three menstrual periods,and it is not lawful for them to conceal what Allah has created in their wombs, if they believe in Allah and the ast !ay" And their husbands have the better ri#ht to ta$e them bac$ in that %eriod, if they wish for reconciliation" And they &women' have ri#hts &over their husbands as re#ards livin# e(%enses, etc"' similar &to those of their husbands' over them &as re#ards obedience and res%ect, etc"' to what is reasonable, but men have a de#ree &of res%onsibility' over them" And Allah is All)Mi#hty, All)*ise" @002:22'A The divorce is t!ice, after that, either "ou retain her on reasona#le terms or release her !ith $indness. "nd it is not $a:+u$ +or you 4#en7 to ta3e bac3 4+ro# your :i-es7 any o+ your 0a*r 4brida$ #oney gi-en by t*e *usband to *is :i+e at t*e ti#e o+ #arriage7 :*ic* you *a-e gi-en t*e#, e<ce5t :*en bot* 5arties +ear t*at t*ey :ou$d be unab$e to 3ee5 t*e $i#its ordained by "$$a* 4e(g( to dea$ :it* eac* ot*er on a +air basis7( )*en i+ you +ear t*at t*ey :ou$d not be ab$e to 3ee5 t*e $i#its ordained by "$$a*, t*en t*ere is no sin on eit*er o+ t*e# i+ s*e gi-es bac3 4t*e 0a*r or a 5art o+ it7 +or *er "$6?*u$ 4di-orce7( )*ese are t*e $i#its ordained by "$$a*, so do not transgress t*e#( "nd :*oe-er transgresses t*e $i#its ordained by "$$a*, t*en suc* are t*e 8a$i#oon 4:rong6doers, etc(7(

Comment: +his ayah clears that !ivorce time is three menstrual periods and not three seconds ,, "

2( ,i-orce in 0enstrua$ cyc$e is Pro*ibited

Allah says [0-.:00/] 0 1ro%het, *hen ye do divorce women, divorce them at their prescribed periods, and count &accurately', their %rescribed %eriods: And fear God your Lord: and turn them not out of their houses, nor shall they (themselves) leave e(ce%t in case they are #uilty of some o%en lewdness, those are limits set by God: and any who trans#resses the limits of God, does verily wron# his &own' soul: thou $nowest not if %erchance God will brin# about thereafter some new situation"

 Proof of those who say it will count but it is Prohibited:

a) u!hari

2arrated 3Abdullah bin 34mar: that he had divorced his wife while she was menstruatin# durin# the lifetime of Allah3s A%ostle " 34mar bin Al)5hattab as$ed Allah3s A%ostle about that" Allah3s A%ostle said, 60rder him &your son' to ta$e her bac$ and $ee% her till she is clean and then to wait till she #ets her ne(t %eriod and becomes clean a#ain, whereu%on, if he wishes to $ee% her, he can do so, and if he wishes to divorce her he can divorce her before havin# se(ual intercourse with her7 and that is the %rescribed %eriod which Allah has fi(ed for the women meant to be divorced"6[8olume 9, :oo$ -;, 2umber /98] Comment:+his #rou% of scholars say that *hen 1ro%het %eace be u%on him ordered him to ta$e her bac$ then surely the divorce was counted otherwise why 1ro%het %eace be u%on him ordered to ta$e her bac$ rather then sayin# the divorce is not count< "

b)

u!hari

2arrated Ibn 34mar: &!ivorcin# my wife durin# her menses' was counted as one le#al divorce" [8olume 9, :oo$ -;, 2umber /80] Comment: *hen Ibne 4mar ra himself said it was counted then there is no other way but to acce%t that the divorce was counted"

Proof of those scholars who say divorce in periods is prohibited and it will not count

a) Abu "awud

#829 #$&7 465 4/*5 12/3 ,- ./0 ,- ()*+ #$%&' 1ro%het %eace be u%on him returned her&wife of Ibne 4mar' and considered it&the divorce' nothin#[=unan Abu !awood no:2/8.]" : b) ;aheeh <uslim Abu >ubair re%orted that he heard 3Abd al)?ahman b" Aiman &the freed slave of 3A@@a' say that he as$ed Ibn 34mar &Allah be %leased with them' and Abu >ubair heard: *hat is your o%inion about the %erson who divorced his wife in the state of menses<+hereu%on he said: Ibn 4mar &Allah be %leased with them' divorced his wife durin# the lifetime of Allah3s Messen#er &may %eace be u%on him' while she was in the state of menses" 4%on this Allah3s Messen#er &may %eace be u%on him' told him to ta!e her bac! and so he too! her bac! and he &further' said: *hen she is %ure, then either divorce her or retain her"Ibn 34mar &Allah be %leased with them' said that Allah3s A%ostle &may %eace be u%on him' then recited this verse: => Apostle, when you divorce women, divorce them at the commencement of their prescribed period= &I(v /':[=ahih Muslim :oo$ A, 2umber ;B8A] : %ote:Imam Ash =hafi,5hattabee etc reCected the narration of Abu >ubair and said that these words are only narrated by abul >ubair, :ut Dafi@ Ibne DaCar

mentioned fatwa of Imam =hoabee&+abiyee' that the divorce in menesis will not count and this is the fatwa of Ibne 4mar, then Ibn e Da@am mentioned with authentic chain from 2afi from Ibne 0mar that divorce will not count and then Ibne DaCar Euoted another ?out of hadith of abul >ubair from =aeed bin Mansoor" " c) ;unan ;aeed bin <ansoor ?bne @aAar said " % '&#$ " : ! * +'," )( It is narrated by =aeed bin Mansoor with the rout of Abdullah bin Mali$ from Ibne 4mar that De &Ibin 4mar' divorced his wife, while she was menstruatin#, 1ro%het %eace be u%on him said this &divorce' is nothin# , and these all are <utabiyaat of Abu al Bubair [Fath ul :ari Gommentary of :u$hari,5itab at +alaE cha%ter no: 2] " Cote: Accordin# to this #rou% of scholars &li$e Imam =hafiee, 5hattabee,Ibn DaCar' If this is authentic then it means, 1ro%het %eace be u%on him did not considered the divorce which is %rescribed in Islamic law, and It is 1rohibited to divorce in %eriods but the divorce will count ( d) ;unan Cisaee . , ! - ( Abdullah bin H4mar divorced his wife, while she was menstruatin#, 1ro%het %eace be u%on him returned her to him then Ibne 4mar divorced her while she was not menstruatin# [=unan An)2isaee 5itab at +alaE Gha%ter hadith no: ;;A8] =ource:htt%:IIhadith"al)islam"comI1a#e"as%(< %a#eidJ/A2K+0GI!J/92BK:oo$I!J;8K1I!JB/-9 "

Datwas: a' Ladhi =haw$ani said

('& % #$ "! 1 /0 " ./ +,-*) . : ; 9% 8* " 8 $ '7 : 56 * 40& 3' #2 > 56 * 40= (& % " : 1 /0 < .C B 0 @9'A 1 ? $' (?G ; FE 7% E8' 70 $ D ( It is narrated by Ibn Da@am in al Mohalla with sound chain upto ?bn Emar with the rout of Abdul wahab +haEafi from 0baidullah bin 4mar from 2afi from

Ibne 4mar that =?f a man divorces his wife while she was menstruating then it will not count= and this chain is Authentic, It is narrated by Ibne Abdul :arr from =hoaHibi&tabiyee' that =if someone divorces his wife and she was in her periods then it will not count according to the saying of ?bn Emar=" And >iadah&that 1ro%het %eace be u%on him did not count divorce' of Abul >ubair is also narrated by Al Dumedi in his 6Mama bain al =ahihhyeen&:u$hari,Muslim'6 and he commited that he will not mention &any hadith' e(ce%t authentic narration on the conditions of &bu$hari and Muslim' " source: htt%:IIwww"islamweb"netInewlibraryIdis%layNboo$"%h%< I!J888KstartJ0KidfromJ20A.KidtoJ2/00Kboo$idJB9KDashiyaJ. ( Cote: Ghain from Ibne Da@am in 6Al Mohalla6 is authentic " i) ?bne @aAar AsFalani as he said 3 4 -12' /0 Ibne Da@am mentioned with authentic chain [Fath ul :ari 5itab at +alaE Gha%ter 2] " ii) ;hay!h Ahmad ;ha!ir said &2OP6- .O- N7-5+ K7M7 )$5 :-KL I2J0 %#H*- -G$5 +his chain is very Authentic and this narration is su%%ortin# the narration of of Abul >ubair [2i@am at +alaE fe Islam by Ahmad =ha$ir 1a#e no:/A]

b) ;hay!h ul ?slam ?bne Qamiyah said

BCD (EFG H :IJKLM NOPJ (QRGKSTU NVFWX ED QYVPVU IVWVFG IJKCZ[XJ \UX ]O^_J `aOSbc \U dRSDJ `KRYJ `ef gL h J (iDKjYJ `eJJOk ilmn_ oUp qOSrp \D ilsOkJ (QUOSrpJ `tJXdZ/ KuOvWX BupJ `wOkxp `atOyWX dRSD \U Klz{J `KPO|WX Klz{ oUp \Y }JKGJ `dR_pJ ~WODJ QUOSrpJ tJXt :KuOvWX Bup NVP VuJ `m|WX Bup \D ORuKmJ
( Most of them says it&divorce in mensis' will count with the sayin# that it is %rohibited while others say It will not count li$e +awus&+abiyee',I$rimah&+abiyee',5hallas,4mar,Muhammad bin IshaE, DaCCaC bin Artaah and Ahlul !aahirIImam !awood ad dahiri and his com%anions, and a #rou% from Gom%anions of Abu Daneefa,Mali$ and Ahmad, and it is narrated from Abu Mafar al :aEir and from Mafar bin Muhammad as =adiE and other ahlul bayt"[MaCmoo

Fatawa Ibne +amiyah 8ol ;;

%a#e 8/' Source: htt%:IIwww"al)eman"comIislamlibIviewch%"as%<

:I!J2.2KGI!J-/2Os( c) ;hay!h <uhammad "awud "araR Fuoted

Many of the Curists and B imams are of the o%inion that this talaE&#iven in menesis' will be counted and it will not acount accordin# to !ahariyah,Ahlul hadeeth, Ibne +amiyah, Ibne Da@am, Ibn Layyam, Imam Muhammad :aEir, Imam Mafar =adiE and Imam 2asir and ahlul bayt, because this divorce was haram and :idah [Gommentary of =ahih :u$hari by =hay$h Muhammad !awud !ara@ ?ahimullah 5itab at +alaE cha%ter no: 2 &urdu']

d) ;hay!h ?bn

aaR (may Allaah have mercy on him) said:

!ivorce of a menstruatin# woman does not count as such accordin# to the more sound of the two scholarly o%inions, which is contrary to the view of the maCority" +he maCority of scholars thin$ that it does count as such, but the correct scholarly view is that reflected in the fatwas of some of the QaabiSeen and in the fatwa of ?bn TEmar (may Allaah be pleased with him): +his is also the view favoured by =hay$h al)Islam Ibn +aymiyah and his student Ibn al)Layyim and a number of scholars who said that this divorce does not count as such, because it is contrary to the laws of Allaah" Allaah decreed that a woman should be divorced when she is in a state of %urity, free from nifaas &%ost%artum bleedin#' and menses, and durin# a time of %urity when her husband has not yet had intercourse with her" +his is the divorce that is %rescribed accordin# to shareePah" If he divorces her durin# her menses or nifaas, or durin# a time of %urity when he has had intercourse with her, then his divorce is bidPah &an innovation' and does not count as such accordin# to the more sound of the two scholarly views, because Allaah says U> ProphetV When you divorce women, divorce them at their T?ddah (prescribed periods) and count (accurately) their T?ddah X [al)+alaaE -.:/] *hat this means is when they are %ure &not menstruatin#' and you have not had intercourse with them" +his is what the scholars have said about divorcin# them at their %rescribed %eriods, they should be %ure &not menstruatin#' and you should not have had intercourse with them, or they should be %re#nant" +his is what is meant by divorce at their %rescribed %eriods"Qnd Euote from Fataawa al)+alaaE, %" BB

e&It sa"s in 'ataa!a al()a*nah al(Daa+imah ,-./01&:

= I2Jn6-5 m 12' #alb &ak \' 5` i#j_ 5` g2h \' 1f`&b- eL&6- d/[7 c` : #aHb ^-)_` \3K]6- YZ[6pq7 o 1_` -G$ \' =
Innovated divorces are of several $inds, includin#: when a man divorces his wife at the time of menses, nifaas or in a %eriod of %urity &i"e", not menstruatin#' when he has had intercourse with her" Qhe correct view is that this does not count as divorce: Qnd Euote"

f);hay!h ?bne Ethaymeen said

+he more correct view in our o%inion is that favoured by =hay$h al)Islam Ibn +aymiyah &may Allaah have mercy on him', that divorce at the time of

menses does not count as such, because it #oes a#ainst the command of Allaah and Dis Messen#er" +he 1ro%het &%eace and blessin#s of Allaah be u%on him' said: R*hoever does any action that is not in accordance with this matter of ours will have it reCected"S +he evidence concernin# this very issue is the hadeeth of TAbd)Allaah ibn T4mar, when he divorced his wife at the time of her menses" De told the 1ro%het &%eace and blessin#s of Allaah be u%on him' about that and the Messen#er of Allaah &%eace and blessin#s of Allaah be u%on him' #ot very an#ry and said: R+ell him to ta$e her bac$, then $ee% her until she has become %ure, then menstruated, then become %ure, then if he wishes he may $ee% her after that and if he wishes he may divorce her"S +hen the 1ro%het &%eace and blessin#s of Allaah be u%on him' said: UQhat is the prescribed period at which Allaah has commanded men to divorce women:X +he %rescribed %eriod at which Allaah has commanded men to divorce women means that a man may only divorce his wife when she is %ure &not menstruatin#' and he has not had intercourse with her" :ased on this, if he divorces her when she is menstruating, he has not divorced her in accordance with the command of Allaah, so it is to be reAected: *e thin$ that the divorce that has been issued to this woman does not count as such, and that the woman is still married to her husband" It does not matter whether the husband $new that she was menstruatin# or not menstruatin# when he issued the divorce" Ues, his $nowled#e of her condition does not matter, but if he $new about that then he has committed a sin, and the divorce does not count" If he did not $now, then the divorce still does not count, but there is no sin on the husband" Qnd Euote from Fataawa Islamiyyah, ;I2-8" Comment: =o from Above Qvidences it is Glear that in the monthly %eriods of woman,It is 1rohibited for Men to !ivorce, and there is difference of o%inion whether it will count or not some says it will count but, at the same time, the %erson is ordered to ta$e her bac$ and to not touch her until she becomes %ure from the menses and then #ets her menses a second time" +hen when she becomes %ure after that second %eriod, he may either $ee% her or he may divorce her"while 0ther scholars say, !ivorce will not count and it is 1rohibited &+his is issue of fiEh one should ta$e hel% from scholars in this case'"

" r: "ivorcesQalaaF three times in one sitting is Prohibited tVR g S D g z R hb g :N g OP g`Q h mU hp g\ Y g `i D gK g D g o hK g| gL p g:N g OP g` u J g \ hU X \ Y g `t gJ Xt g\ U I OR gm gb O gK g| gL p g OF g m h g g f g gQ gp gK gD X g g kB { x g \ Y g g b gJ g Q hm gY g X r g h XN Vb x g K g| hL p :N g OP g`d m| hW g\ gU :N g OP gJ g B{ x g g OP g T _ g ` Z K h p g\ gm U g O gp gJ g ` h Xq h OT gj hU h z g G p g:N g OP g ` O O| g g g OF g g ` Oz mR h{ g Q T P p gH gp g` h XN g Vb x g OG g ("
Mahmood bin ubayd &ra' narrates that the 1ro%het &1eace be u%on him' was informed that a man divorced his wife with three %ronoucments allttogether, at this &+he 1ro%het' became very an#ry, he stood u% and said: Is the boo$ of

Allah bein# moc$ed at in my %resence< 4ntil one %erson stood and said 0 AllahPs A%ostle should I not $ill him< [=unnan 2asaiPi, 8olume 2o" 2, 1a#e 2o" /8/] " +he Ghain is Authentic but a) ?bne uatheer said there is InEitah &!iscontinuity',[Gommentary of Ibne 5athir4nder 2:22A], :ut Ibne 5athir Dimself said re#ardin# this hadeeth in another %lace =Carrated by Cisai with good and powerful chain=[Irshad al FaEeeh 8ol 2 %a#e /AB] " Dafi@ Ibne 5athir said this because the narrator Ma$hrama did not hear anythin# from his father accordin# to him as ?mam @a!im said 234 25678 9:;<= >?@AB C 238 DEFG 2H=A I4 J7KL 9G 2MA NBDOP DF4 QRA I4 STU6V WA X . 6+he #rou% in Q#y%t said that he did not hear from his father in youn# a#e and some of them said he did hear &from his father'"6 Source o+ a$ 0ustadra3:*tt5://is$a#:eb(net/ne:$ibrary/dis5$ayboo3(5*5 b3no=74,=287id+ro#=704idto=7 8boo3id=74startno='

a) ?bne Abdul barr said

|]{ Nq{ &2zO5 m Nq{ &2zO wO Nb&yb : w2xb wO .2J7 w3 m i#]3 (#vB: 46 12O KL5 #~} wb 12O` w3 1~7-5+ wz65 m #~]{ Nb&yb c#} : w2xb wO .2J7 \6 (#v : \v&]6- wO- (#v5 1Hb pl7 Abbas narrated from Uahya bin maieen that,Ma$hramah bin baEeer is trustworthy and &his father' ba$eer is trustworthy thabat Ibn al :urEee said that Uahya bin Maieen said:Ma$hramah is +habat and his narrations from his father are from the boo! (of his father) and he heard nothin# from his father &end Euote' =ource of at +amheed: *tt5://is$a#:eb(net/*adit*/dis5$ay*boo3(5*5 *+$ag=1b3no=9'25id=1'1107

b) ?mam Qirmidhee as!ed from ?mam

u!hari

I= Y7Z4 I5 2H=A I5 DH[= I= S4D\4 ]B^ Y_` 9<M a^6\?GN b6_` c SdU65 I4 ^Y[37GN I= Y7Z4 J78 QR SdU65 ><78 b6e ^Y[37GN 6!id Muhammad bin Munda$ar heard from Aisha< :u$hari said Ues and he narrated hadith from <u!hramah bin ba!eer from his father from Muhammad bin Munda$ar7he said i heard from Aisha""6[=awalaat al :u$hari Ilal Al tirmidhee and also Euoted by Imam Ad !ahabee in his seyar al ailam al 2ubala under the bio#ra%hy of Muhammad bin Munda$ar]

Comment: Dere Imam :u$hari is %rovidin# evidence to Imam +irmidhee from the hadith of Ma$hramah narratin# from his Father" Meanin# accordin# to Imam :u$hari his narrations from his father are evidence"

c) ;hay!h Al ani said . 2H=A I5 2fLNB^ WA ghNDGN B : >ie Sjk lR B , 2H=A m6fO I4 no6hB

I say: Gorrect &o%inion' is that his narrations from his father are from the boo$ of his father and he is evidence"[=ilsilah As =aheeha hadith no: 2.A/] >o$$o:ing are t*e sc*o$ars :*o aut*enticated t*e *adit* itse$+(

a& Sha"$h %asir ud din pl qani said rerardinr hadith

Ghain is Authentic 2arrators are +rustworthy accordin# to me And Mahmood bin obaid is =ahabi sa#heer""" @afiR (?bne @aAar) said6A%%arently +his is from Maraseel and <araseel of ;ahaba are evidence= "&Ghayat al Maram fe +a$hreeC Ahadeeth Dalal wal Daram no: 2-/'

b) Allamah Qur!!umani @anafi said:

+he Authentic and Glear hadith re#ardin# 1rohibitation of three %ronoucments allttogether, is in =unan 2isai&Al Mohar Al 2aEEi vol 9 %a#e ;;;'" " c) @afiR ?bne @aAar said 2arrated by 2isaiee and the narrators are trustworthy [:ulu#h al Maram, 5itab an 2i$ah, Gha%ter of !ivorce hadith no: A/8 %a#e 900]

d7 bn ?at*ir *i#se$+ aut*enticated as 5ro-en abo-e

: Qhere is no "ivorcesQalaaF in anger

1ro%het &%eace and blessin#s of Allaah be u%on him' said:

t uv s wx y l` ys z 6f z5 z {B z s z uV z {
R+here is no divorce and no freein# of slaves when it is done by force or in a state of intense an#er"S &2arrated by Ibn MaaCah, 20B-7 classed as saheeh by al)Albaani in al)IrwaP, 20B9' " a) ?mam ?bn Al ayyam

bn a$6.ayyi# :rote an essay on t*at entit$ed g*aat*at a$6a*+aan +i %u3# )a$aa& a$6 *adbaan, in :*ic* *e said t*e +o$$o:ing: "nger is o+ t*ree ty5es: 1 )*at :*ic* is not so intense as to a++ect a 5ersons #ind or rationa$ t*in3ing *e 3no:s :*at *e is saying and :*at *e #eans( There is no dispute that in this case divorce, manumission and contracts are valid. 2 !*ere *is anger reac*es suc* a $i#it t*at *e no $onger 3no:s :*at *e is doing or saying( There is no dispute that in this situation divorce does not ta$e place. + *is anger is so intense t*at *e does not 3no: :*at *e is saying, t*ere is no doubt t*at none o+ *is :ords s*ou$d be i#5$e#ented in t*is case( )*e :ords o+ t*e #u3a$$i+ 4adu$t o+ sound #ind7 are on$y to be i#5$e#ented i+ *e 3no:s :*at *e is saying and :*at it #eans, and i+ t*e s5ea3er rea$$y #eans t*at( )*e 3ind o+ anger t*at +a$$s bet:een t*e t:o categories #entioned abo-e, :*ere t*e anger goes beyond t*e ordinary $e-e$ but not so +ar as to #a3e *i# be*a-e $i3e a #ad#an( )*is is an area o+ sc*o$ar$y di++erences o+ o5inion( The shar+i evidence indicates that divorce, manumission and contracts in such cases are not valid, and this is a $ind of irhlaaq as the imams e|plained. >ro# 0ataa$ib Oo$i a$62u*a, 1/ 2 see a$so 8aad a$60aaad, 1/211( (

#& Sha"$h qin qa} said

If you uttered the words of divorce at a moment of intense an#er and without reali@in# it, and you could not control yourself, because of her bad words and insults etc", and you did that at a moment of intense an#er and without reali@in# it, and she ac$nowled#es that, or you have a witness of #ood character, then divorce has not ta$en %lace, because the sharPi evidence indicates that divorce does not ta$e %lace if the words are s%o$en at a moment of intense an#er V and if it is accom%anied by not reali@in# what is ha%%enin# then the rulin# a%%lies even more so" For e(am%le, Ahmad, Abu !awood and Ibn MaaCah narrated from TAaPishah &may Allaah be %leased with her' that the 1ro%het &%eace and blessin#s of Allaah be u%on him' said: UQhere is no divorce and no manumission in the event of ighlaaF:X +he maCority of scholars said that i#hlaaE means com%ulsion or an#er, i"e", intense an#er" For his an#er made him unaware of what he was sayin#, so he is li$e one who is unconscious, insane or drun$, because of the intensity of his an#er" =o divorce does not ta$e %lace in this instance" If he does not reali@e what he is doin# and cannot control his words or actions because of the intensity of his an#er, then divorce does not ta$e %lace" An#er may be of three ty%es:

/ V *hen a %erson is an#ry and is no lon#er aware of what he is doin#" +his is li$ened to the insane, so divorce does not ta$e %lace accordin# to all scholars" 2 V *here a %erson is very an#ry but is still aware of what is #oin# on, but his an#er is so intense that it ma$es him say the words of divorce" In this case too, divorce does not ta$e %lace accordin# to the correct scholarly o%inion" ; V +he ordinary ty%e of an#er which is not very intense" In this case, divorce ta$es %lace, accordin# to all the scholars" >ro# >ataa:a a$6)a$aa&, 55( 1'621, co#5i$ed by ,r( "bd6"$$aa* a$6)ayyaar and 0u*a##ad a$60oosa( (

c) ;hei!h Atiyyah ;aFr, former head of AltARhar Datwa Committee, states:

"bu ,a:ud &uotes t*e Pro5*et 45eace and b$essings be u5on *i#7 as saying:,i-orce and #anu#ission do not count in case o+ g*$a&(#a# "*a#d says Irhlaq means anrer so#e ot*er sc*o$ars *o$d it to #ean doing so#et*ing under +orce ot*ers say it stands +or insanity( "nger is o+ t*ree 3inds: 1("nger t*at renders one unconscious and co#5$ete$y una:are o+ :*at *e s5ea3s( There is I*ma ,scholarl" consensus& that divorce does not count in this case. 2("nger t*at is nor#a$ and *as no e++ect on #an/s a:areness( )*ere is#a/t*at di-orce does count in t*is case( (;<tre#e anger t*at is bet:een t*e t:o stages( t does not render one to be +u$$y una:are o+ :*at *e utters, but it is rea$$y +ierce to t*e e<tent o+ causing one to act against *is :i$$( t/s re+$ected in #an/s s*o:ing sign o+ re#orse a+ter uttering t*e :ords o+ di-orce( )*is 3ind o+ di-orce is contro-ersia$ and the preponderant vie! is that it does not count. ad-ise t*ose :*o see3 re$igious ru$ing +or cases o+ di-orce to gi-e a *onest re#ar3 :*en describing t*eir state o+ anger, +or so#e 5eo5$e tend to gi-e so#e sort o+ e<aggerating +orce to t*e state o+ +ury, and t*us describing it as *a-ing 5ara$ying e++ect on t*eir 5o:er o+ reasoning :*en t*ey 5ronounce di-orce( Suc* 5eo5$e s*ou$d +ear "$$a* and s5ea3 t*e trut*( see a$so: *tt5://:::(is$a#:eb(net/e#ain5age/inde<(5*5 5age=s*o:+at:aO5tion=>at:add=81' 9 *tt5://is$a#&a(co#/en/re+/220 4/ Comment: *hen Dusband says talaE talaE talaE in intense an#er, talaE will not occur because, A *oman is not a toy of a husband, 2ow a days s%ecially in 1a$istan and India, Dusbands force their wives after divorce in an#er to do

Dalala(pretplanned marriage, by saying you should marry my friend or any other person after spending a night he will divorce you, after ?ddah i will marry you again) which is 1rohibited in Islam and =ahaba considered it >ina, Men should Fear Allah, A%ostle of Allah Gursed the one who marries a woman and divorces her so that she can #o bac$ to her first husband, and the muhallal lahu is the first husband &who %rovide his wife to other %erson for halala'"

: Ci!ah of Qahleel (pretplanned @alala) is @aram and Bina

( 'ollo!inr is the fat!a of ~ame as*id an} ul man qa#ri cho!$ uru andir arachi ,The as*id of pttaarees !ho are Qadri #rail!is& 0u+ti says t*at + t*ere is a +ear t*at t*e #an :i$$ not gi-e di-orce a+ter t*e ni3a* t*an t*e #et*od is %e 4t*e 5erson :*o is doing ni3a*7 s*ou$d say :i$$ s5end a nig*t a+ter #y ni3a* :it* t*is :o#an or a+ter t*e ni3a* i+ i ta3e *er #ore t*an one nig*t t*en ta$a& Baen :i$$ *a55en(((( Scan: *tt5://i#g 7(i#ages*ac3(us/i#g 7/4 98/*a$a$a+at:a2(5g

efutation of above shameful fatwa bn "bi S*ayba :*o is teac*er o+ #a# Bu3*ari, 0ade :*o$e boo3 :it* t*e na#e o+ Xefutation of p#u HanifaX in a$60usanni+ and in t*e C*a5ter 0as$a o+ muhallil and muhallal lahuX *e narrated t*at U#ar ibn a$6?*attaab 4#ay "$$aa* be 5$eased :it* *i#7 said :*i$st addressing t*e 5eo5$e : q" pllaah, no muhallil or muhallal lahu !ill #e #rourht to me #ut I !ill stone them. @)*is is a$so narrated by "bd a$6Raaa& :it* *is c*ain in *is a$60usanni+ 49/29107, ad6,a*abee in Seyar ai$a# an62uba$a under t*e )aru#a o+ "$6"#as*A " Comment: ?e#ardin# the o%inion of Ahlul ?ai a) ?mamQirmidhee said in his =unan under the commentary of the hadeeth R Allah has cursed the muhallil and the muhallallahu6"

pzq be y^u`a ahrc xefi wo stuvi p^q[ ahrc p^q mno klg[ bj fghi d^Xe bc \[]^_`a WXYZ[ wo m` ac ^r{l` ofY`a ~f`a [ ad w^lZ p^q[ klg[ p^q \[]^~ p^q }of`a y^{|o i~ ^vc ^r~[i x ^rYi wo m` {i ^rYi
*eard arud bin 0uad* *e said t*at ,,#&Imam& a$ee said in t*is c*a5ter t*e o5inion o+ as*aab u$ Rai should #e thro!n( arud said t*at ,,c&Imam& Su+iyan said + a #an #arries a :o#an so t*at s*e :i$$ be *a$a$ +or *er +irst *usband and t*en *e ana$ysed to 3ee5 *er :it* *i#se$+ so *e s*ou$d #arry *er 2nd ti#e because *is +irst ni3a* :as not -a$id4end7 " Source o+ Sunan )ir#id*ee:*tt5://*adit*(a$6is$a#(co#/Page(as5< 5ageid=1'2)OC,=781Boo3,= 7P,=2041 d) ?bne udamah said

` ~WODJ ` wtOTPJ ` oznWXJ \SWX nD zWX Bup iDOY NVP o ` BkOU XK_ BSRWX Oj Ip ozOWXJ ` xO|RWX \UXJ ` }xVCWXJ ` mWXJ
BkOU OjnWO -K Km \D BmSTWX V Jp dFzWX o XVJ dFzWX o KZG WJ dFzWX B|P BmSTWX QmY -K I z WJ NJ[X O{JW OSG Ip Ql oJ ,wpKRWX ]JTG B{KWX \Y dR_p Wb :dmzb \U BmYORbc NOP OGp JxJ nY X ox iUOSyWX NVP KuO XuJ IVzD V ,Nf_X ~WU tXxp Xc BSD Vu :NOP ~WU wpKRWX Ic i|x Oj Hc ,H :NOP zG WJ oKDG W O{JW O_p ,OT{J wpKDX :QW NOP f{x Ip KRY \UX \Y EO H :NOPJ O_Olb 6bJ QmY X r6 X NVbx dY Y dz OnZ IcJ :NOP OPxO OTuKZ IcJ OjDp ~T|^Yp QnY X ox IORCY NVP XuJ OSG Ip dGKG Qp Y Xc inb \GKY OCjD IcJ ,\mmX IHXG +ahleel marria#e is haraam and is invalid, +his is the #eneral sayin# of %eo%le of $nowled#e li$e Al Dasan, 2a$haee, Latadah, Mali$, ayth, +hawri, Ibn al Mubara$, =hafiee [Al)Mu#hni, =ource: *tt5://:::(is$a#:eb(net/ne:$ibrary/dis5$ayboo3(5*5 id+ro#=4740idto=4744b3no=11,=4940 A Qhen he said

Km \D BmSTWX V Jp dFzWX o XVJ dFzWX o KZG WJ ` dFzWX B|P BmSTWX QmY -K I dmzb \U BmYORbc ( NOP ( OGp BkOU OjnWO -K : wpKRWX z WJ ` NJ[X O{JW OSG Ip Ql oJ ` wpKRWX ]JTG B{KWX \Y dR_p Wb ox iUOSyWX NVP KuO XuJ ( IVzD V ` Nf_X ~WU tXxp Xc ` BSD Vu : NOP ( ~WU W ` O{JW O_p ` OT{J wpKDX : QW NOP f{x Ip ` KRY \UX \Y ` EO JxJ nY X OPxO OTuKZ IcJ ` OjDp ~T|^Yp Ic ` i|x Oj Hc ` H : NOP ( zG WJ ` oKDG
\GKY OCjD IcJ ` \mmX IHXG H : NOPJ ( O_Olb bJ QmY X r X NVbx dY Y dz OnZ IcJ : NOP QnY X ox IORCY NVP XuJ ( OSG Ip dGKG Qp Y Xc ` inb If it is sti%ulated that it is tahleel before the marria#e contract is done, but it is not mentioned in the marriage contract, or he intended it as a tahleel marriage without that being stipulated, then the marriage is also invalid" IsmaHeel bin =aeed said (e)?mam Ahmad was as$ed about a man who married a woman intendin# thereby in his heart to ma$e her %ermissible for her first husband, but the woman did not $now about that" De said: De is a muhallil, and if he intends thereby to ma$e her %ermissible for her first husband, then he is cursed:And this is a%%arent from the words of =ahaba May Allah be %leased with them, It is narrated from 2aafiP that a man said to (f)?bn TEmar: I married a woman and made her %ermissible for her first husband, and he did not tell me to do that and he did not $now" De said: 2o, marria#e should be based on #enuine intentions7 if you li$e her then $ee% her, and if you do not li$e her then leave her" De said: At the time of the Messen#er of Allaah &%eace and blessin#s of Allaah be u%on him' we would regard that as Rina:And he said:Qhey will still be adulterers, even if they remain for twenty years, And +his is the sayin# of(g)Ethman <ay Allah be %leased with him [al)Mu#hni vol /0 %a#e BA)..]" source of Al Mu#hni: *tt5://:::(is$a#:eb(net/ne:$ibrary/dis5$ayboo3(5*5 b3no=11,=4940id+ro#=4740idto=4744boo3id=11startno=1 " Cote: Accordin# to us +he %ractice of deobandis and barelvis is not %roven from Imam Abu Danifa ?ahimullah with an authentic chain of narrators" As it is mentioned in al)3inayah bi sharh al)hidaya

O gF gG W g X g c T _ g s h O{ g -K WXJ g s h O{ g Oj gn WX : N g OP gi gl g mn h_ g OU gp gI p go T hb J gd g WX i h g J x g o hK gZ h J g p J gQ hG hp K gU h o h OC WX O gF g k g X gc N hJ [ g X ] hJ W hB S h gJ g `~ gW h g gY g o h OF gW X K | h^ G Ou g OG c Q h hk J g d gz U g o h OC WX OG c o h OF gW X K hD gU h( h T j W X \ D h hK hm g o hd { g VG W gI Om g| gW X X gu g :\ h Gd WX K m h g OD g h X N g OP g(
6It is mentioned in rawdhah that imam abu hanifa rahimahullah said: the ni$ah and the %recondition &i"e" of the second man marryin# with the %recondition that he will divorce her after se(: his ni$ah and this %recondition' is %ermissible, to such an e(tent, that if he &second man: i"e" 6the rented ram6' does not divorce her after havin# had se( with her, then the Cud#e of shar3ii court should force him to divorce her" Andshe becomes halal for the first husband, when she is divorced by the second husband out of his own free will or by the Eaadhi3s order" Imam >aheeruddin said: this statement is not found in any other boo$6 &+ranslated by Abu Maryam in Islamic Awa$enin#' " also see a' +ahleel marria#e is haraam and invalid: htt%:IIwww"islamEa"comIenIrefI/0A2B.I . b' ?efutation of Anwar =hah 5ashmiri deobandi by =hay$h Abdul ?ahman Mubara$%oori the author of +ohfa tul Dawdhi sharah +irmidhee: *tt5://:::(a*$a$*deet*(co#/-be/s*o:5ost(5*55=120 05ostcount=2 ( c' ?econcilin# between the hadeeths which forbid tahleel and the hadeeth about the wife of ?ifaa3ah *tt5://:::(is$a#&a(co#/en/re+/11'041/ ( d' Is it %ermissible to as$ Allah for his wife, whom he divorced three times, to marry a man who she does not #et on with, so that he can ta$e her bac$< *tt5://:::(is$a#&a(co#/en/re+/14017 /

: Ahadeeth which plicitly says that r talaF

@adeeth no:
Its mentioned in Awn Al Mabood Gommentary of =unan Abu !awood vol %a#e /AA from Musnad Ahmad

IS d_XJ ^D o Of QpKDX RWX onU VLp dGGd|Y \U iOZx k NOP eO|Y \U \Y NOP Of OTFk NOP OTFk mZ b J QmY X r X NVbx QW NOP XdGd O_ OmY \U IOj Oz{XK NOP Ic Oz{xO wd_XJ ~R OR NOP z NOP d_XJ ^D o NOF Kk BZ dnY afWX ORc KG eO|Y
2arrated by Ibn Abbas ra :rother of Mutlab, ?u$anah bin Abd Ua@eed divorced his wife three times" De felt too sorry, 1ro%het 1eace be u%on him as$ed @ow did you divorce &^r lg' ?u$anah said I #ave her three talaE" Prophet Peace be upon him as!ed did you give in single sitting De &ru$ahan' said ;: &1ro%het' said Qhen it has effect of one divorce , if you want to ta$e her bac$ you can" +hus ?u$ahnah too$ her bac$" Ibn

Abbas &may Allah be %leased with him' held the view that talaE should be at every clean %eriod &after menses'. " ;cholars who reAected this hadeeth +hose who reCected are Ibne Mo@i, Ibn Dammam Danafi, =hoaib al Aranoot, the main obCection on the chain of this hadith is that If !awud&narrator of this hadeeth' narrates hadith from I$rimah then he is reCected but he is acce%ted if he narrates from other %eo%le then I$rimah" but ?bne Adyy said iF QnY Jx Xc GdSWX WOr De is Good in hadeeth if some trustworthy 2arrates from him &+eh@eeb ;I/.9' And I$rimah is trustworthy so even here he is evidence, Many scholars acce%ted this chain of narrators" Cote: After doin# criticism on the hadeeth =hay$h =hoaib Al Aranoot said .' 42q6- wO- 1JJ05 rs =&]z6- 5#~j6-= .' Z*o- 29 7KJ6- -G$ %#H*- %)L Kq' -G$ pb5 #H/v %-= KHl6-= d2/xf .' &}#9 Kh- 26-5 sr =%#x6-= 5 I= I7kDGN Y?5B o<K4 I=NB li5 I5 =I~j6-= .' '#J6- 16#v #2' 7KJ6- -GaO ex6- eq_ Kv5 S567h I5 GP a3EGN Q_MB C6B I= Y7Z7G N5B 2G X U6@GN m6fO X l` HE4 I=N GP DOPB DH=GNB I5 ^37GN I=N 2i_MB C67RDHvB l3d\GN uKGN Y?5 I= Y7Z4B Yi\4 I= l_ I= Y7Z7O S?VDe L6d4 I4 .^63Lo I= BD75B B6VB 6<O 6?5 I=N m6ZA : I say with this that accordin# to =hay$h ul Islam &Ibne +amiyah' chain of this hadeeth is good in 6Fatawa Al 5ubrah6 ;I22, Authenticated by Ibn al Layyam in 6>ad al MaHad6 .I2-; and &authenticated by' =hay$h Ahmad =ha$ir in +aHleeE 6al Musnad6 0n this hadeeth Al Dafi@ &Ibne DaCar asEalani' in Fath transmitted practise of Ali,Ibne Masood,Abdul rahman bin Awf, >ubair and same is mentioned by Ibne Mu#heeth in 65itab al *athaiE6 and Muhammad bin *adah attributed to him, and Ghanwi mentioned same&madhab' from =cholars of Lartaba li$e Muhammad bin +aEi bin Muhammad,Muhammad bin Abdus =alam Al Dashni etc, And Ibn e Mun@ar mentioned &same fatwa' from Gom%anions of Ibn e Abbas ra i$e Ata &bin abi ribah',+awus,0mar bin !inar [Musnad Ahmad vol B %a#e 2/9 hadeeth no: 2;89] (

eply by those who accepted this hadeeth:

a) ?bn e haAar asFalani said

H iWRWX o GdSWX XuJ aOSbc \U dRSD GKk \D QSSrJ zG VUpJ dR_p Q{KLp Omp izUxOU QnY XVUO{p dPJ ( OuKZ X OGXJKWX \D Km o }WX BGJTWX B|FG

TD QmJ aOSbc \U dRSD Ip Oud_p :Omp izUxU QnY XVUO{p dPJ GdSZ tOnbX Xu BCRU Oj_[X \D wdY o XV^T_X U m{pJ `ORm QTnUX nG EmUKWX \U OzWX oUp Y tx bJ QmY X r o|nWX Ip (XtJtKD Qm TD BZ mWJ NJ[X OjnWOU

Imam Ahmad and Abu yala narrated and Authenticated with the tur$ of M4DAMMA! :I2 I=DAL, +his Dadeeth is 2as in this Gha%ter, +here is no Inter%etation and they re%ly this by four %oints: 2umber one is that Muhammad bin IshaE and his teacher &!awud who is also teacher of Imam Mali$' are dis%uted over and answer is that they &muhadditheen' too$ evidence in Ah$am from the chain li$e the chain of this hadith &of ?u$anah'""""""""" :and disputed over is not all the time reAected:&end' " Qhen @afiR ?bne @aAar said

D Q{KLp OD xVZRWX aOSbc \UX Gd_ VFGJ

+he hadith in =ahih Muslim is ma$in# the hadith of &Muhammad' :in IshaE more %owerful" &then he mentioned the hadith of Ibne Abbas ra from =ahih Muslim' =ource of Fath ul :ari:*tt5://:::(a$6e#an(co#/*adeet*/-ie:c*5(as5 B,=12C,=490 " b) ;hay!h ul ?;LA< ? C QA<?A@ A said regarding this hadith in <aAmoo al fatawa rrs

} x h O g| W X N h O{ gx hJ g ~ W hOD g h Vm \ D h tJ Xt g J tJ Xt g on h gd _ g a g OS gb c\ U X Q h m hN g OP g Gd hS gW X X gu gJ g P d m { g t On gb c X gu gJ g ( h Gd hS gW X B hu p gd gn Y h i F g hV g g ( on h gd _ g (N g OP g X gc a g OS gb c\ hU XJ g
I say: +his hadith where Ibne IshaE said 2arrated to us !awud7and !awud is in teachers of &Imam' Mali$ and in narrators of :u$hari and If Ibne IshaE says Daddathanee&?elated to meI2arrated to me' then he is +rustworthy accordin# to %eo%le of hadith and the chain is Mayyad &#ood'" ( c)?bn ayyam oRiyah Authenticated in Ailam al <oFiyeen

}DKTWX ~WZJ `QU TSGJ ` tOnbX Xu SyG dR_pJ (

And Ahmad authenticated this chain and too$ evidence as well as +irmidhee" source: *tt5://:::(is$a#:eb(net/ne:$ibrary/dis5$ayboo3(5*5 id+ro#=1011idto=1012b3no= 4,=911 ( d) ?mam Qirmidhee( Imam +irmidhee said re#ardin# the chain & t 6? 5 z I y= wN I w5 z CS z4 zD y[ w5 y I w5 z CI yH wF z Z G wN I = wo B No z l3 y@ zY k z :b z 6e z C s6Z z8 w x yI y= wY y7 Z z4 ' +here is no Darm in the chain of this hadeeth , e U g ht h On gb hU h g m W g Gd h_ g X gu g [Mame at +irmidhee 5itab al 2i$ah hadith no: //B;]" =ource:*tt5://*adit*(a$6is$a#(co#/Page(as5<5ageid=1'2Boo3,=29P,=1092 ( Comment: Imam +irmidhee acce%ted the chain of hadeeth and this chain is same chain which is mentioned in the hadeeth of ?a$anah"

e) ?mam ?bne uathir

Imam Ibne 5athir said re#ardin# this chain of other hadith which is &Muhammad bin IshaE from !awud bin al Dusain from I$rimah from Ibne Abbas' )v K2L %#H*- :-G$5 ,1H3 Nb&z3 wxH2nJ6- wO %5-% w3 +#l7 wO Y#J* wO KJb N7-5+ wb)$5 :|/v I say: +his narration is from <uhammad bin ?shaF bin asar from "awud bin Al @usain from I$rimah and this chain is #ood,%owerful"[Irshad al FaEeeh by Ibne 5athir vol 2 %a#e /-8, +ohfa tul Dawdhi 5itab an 2i$ah hadeeth no: //B;] " Comment: Imam Ibne 5athir acce%ted this chain that is why his fatwa is ; times divorce at a time is eEual to one &i will Euote his fatwa read further I2=DAHA AD' " f) ;hay!h Casir ud "in Al ani said

( dF KLM \TD o }DKTWX Qn_J o|uWXJ ZOSWXJ dR_p OD[X QSSr tOnbX Xu : P iDKjY Km o i^_ QpJ \mySWX \UX tJXt o ORzWX fTLX Onu OKZJ 4 1'21 7 PKU tOTbXJ QCGdSU xO|TYX \D EnRG H ~W \jWJ OGVP QXW GdSWX tOnbc IOjW ~W HVWJ NODJ iDKjY \Y \mFGKWX VR^RU On_ GdSWX IVjG Ip \D BPp f EXx nU z|W QTzUOTRU o xp WJ mSr tOnbc NOPJ QZxdTD o XJx ZOSWX Ip KZJ QSmSy Wc mFWX \UX Yp XJ 4 BsOlWX 7 o HJ QnD 4 afWX 7 o H 4 xdTRWX 7
I say this Ghain is Authenticated by Imam Ahmad, and Al Da$im and !ahabee and +irmidhee declared it Dasan""", I have mentioned in hadeeth no /A2/ dis%ute amon# scholars re#ardin# !awud bin al Dusain and he is evidence e(ce%t if he narrates from I$rimah"and chain of this hadeeth is idhatihi %owerful and does not %revent us to ma$e confidence on this hadeeth because,witness and another rout of this hadeeth is &the hadeeth' of :aHa@ :ani ?afiHe then at least this @adith is @asan (by combining) all the routs from ?!rimah [Irwa al Ghulayl vol 9 %a#e /B. hadith no: 20-;] " Cote: +his is the witness and another ?out of the narration Imam Al :ani is tal$in# about yH 2 wi z5 z N i z l ? y3 GN b z 6_ z` z C 6@ u@ z2 zA zD z4 wN9 zi 8 z B2 yH wi z5 z N i z l ? y3 GN Y y: w5 z i z5 z Q h ^ z z i V z :b z 6e z , t 6? 5 z I z= wN W A z l? y3 GN 6: zL zL z: 9 zi 8 z B2 yH wi z5 z N i z l ? y3 GN A zD ze zB C > 7 wi y5 z Y we z :b z 6e z , 6@ u@ z 6: zf _ wi V z Y we z lM x y:b z 6e z , 6: z< zh y ND zL W wA z:9 zi 8 z B 6: z< zj z z^ w 6` z :b z 6e z , 1 SL suGN n^8 I : y yY < yG yI R _ i z` z z 6K z 3 GN 9 f _ wi V z NP zx y. 2arrated by Ibne Abbas someonedivorced his wife three times" At the time of 1ro%het %eace be u%on him, Prophet peace be upon him ordered him to ta!e her bac!, he&the %erson' said ? have divorced her three times, he (prophet) said ? !now, and then read the ayah [0-.:00/] R0 1ro%het, *hen ye do divorce women, divorce them at their %rescribed %eriodsS the he (the person) too! her bac![Musannif Abdul ?a@@aE 8ol - %a#e ;A/] "

g) ?mam Bia al <aFdasi (trh)

De narrated this hadeeth in his Al Mu$htarah vol // %a#e ;-2);-;" +his boo$ is Musta$hraC on :u$hari and Muslim, Accordin# to =hay$h :adi 4d !in =hah Ar ?ashidi this boo$ is better then Al Mustadra$ of Imam Al Da$im " =ource of Mu$htarah: htt%:IIwww"islamweb"netIhadithIdis%layNhboo$"%h%< b$NnoJ/9//KhidJB/00K%idJB//A-; " h) ;hay!h Abdul <ali! bin abdullah bin "aheesh De is MuhaEEiE of al Mu$htarah of Imam >ia al maEdisi he said in Dashiyah of the hadeeth wlh %#H*s =KHlb= .' Kh- #bo- KH3 7KJ6-5 2ZZB i<L =NB Y7kN 2hDN :b6eB /- XgfTGNX ` `6ZGN DOPB _:H?GN GN N5B 1/1 XDHKTX ` VHKGN DOPB Ghain is Dasan +his hadith is narrated by Imam Ahmad in his 6Musnad6 .I2-. Al Dafi@ &Ibne haCar asEalani' mentioned in 6Al Fath ul :ari6 AI;-2 and said Imam Ahmad and Abu Uala narrated and authenticated Mentioned by As)=uyuti in his 6tafseer6 /I--8 and attributed to Al :ehaEi&end' " i) ;hay!h Ahmad ;ha!ir said Ghain is authentic, =ame is narrated by >ia &al maEdasi' in Al Mu$htarah, mentioned by Ibn al Layyam in I#hatha tul fahaan /.8, 2arrated by Abu Uala, mentioned by =haw$ani 9I/9)/8, 2arrated by :ehaEi, it is also mentioned in !urre Manthur /I29A &there after he said' " Z 6- #q/[6- ^)v5 .' Z c- ./3 (K7 YZ[6- .' p7&~6- ()0- wb e2/L e0- KH3 7KJ6- -G$5 .' ,Kx6- .' N 6#{ 4{ &6- 4{ &6- d/k - ,d/[6- +&} -- YZ[6- .' )$ #_- 13)v5 K35 Nxb -G$ c#' ,Z b ((#{Z{ d6#k)) 4a6)q} ,%Kx6#O YZ[6- 05 .' Zy6- 26 1_-5 :6#b 5- Kh-)6- /b (Z*o- .' YZ[6- #_) .O#~} .' 12' ()q6- |/n'5 1~h&9 Kv5 :eqx6- .' ek#O ,N/6- .' )6 0)6#$KxO #b5 r [+ahEeeE of Musnad Ahmad by =hay$h Ahmad =ha$ir 8ol ; 1a#e A/ hadeeth no: 2;89] " A) ;hay!h Abdul ARiR bin aR said +hey also Euote as evidence the re%ort narrated by Imam Ahmad in al) Musnad with a good chain from Ibn TAbbaas &may Allaah be %leased with him', that Abu ?a$aanah divorced his wife by sayin# U? divorce you thriceX, then he re#retted it, so the 1ro%het &%eace and blessin#s of Allaah be u%on him' returned her to him with one word and said, UQhis is only one (divorce):X +his hadeeth and the one&hadith of Ibne Abbas in =ahih Muslim' before it are to be understood as referrin# to divorcin# by sayin# RI divorce you thriceS, in order to reconcile these two hadeeths and the verse in which

Allaah says:UQhe divorce is twiceX [al):aEarah 2:22A][Fataawa Islamiyyah, ;I28/, 282]"

"

!) ?tis mentionedin Awn al Mabood commentary of ;unan Abu "awud

. <; 4 9:9 8" 7 H/E 0 56 =8 .2 - ! - . =8 A 8" 7 9:9 $@ ?/ ; 8> 84 ! - C'D 4 .+/ ; B7 + %I ;@ EFGH )( 4 %7 *ords of &Musnad' Ahmad are ?a$aanah divorced his wife three times in one sitting, then he re#retted it, so the 1ro%het &%eace and blessin#s of Allaah be u%on him' said, UQhis is only one (divorce):X +his hadeeth indicates that if a man divorces his wife three times inone sittin# it will count only one and it is allowed to ta$e her bac$, and this is truth and proven from Prophet peace be upon him "[Awn al Mabood fe Abu !awud 5itab at +alaE hadeeth no: 2/A-] " l) adhi ;haw!ani said ^-PH6- eJb \' _ 7KJ6- -G$5 1JJ0 5 ./x7 )O- 5 Kh- 1L&2arrated by Ahmad and Abu Uala and authenticated, +his hadeeth is 2as in this conflict" [2ayl al Awtar -I2B-,2B9] ( "

: Datwa of Emar bin Al uhattab ra

@adeeth no: Ibn 3Abbas &Allah be %leased with them' re%orted that the &%ronouncement' of three divorces durin# the lifetime of Allah3s Messen#er &may %eace be u%on him' and that of Abu :a$r and two years of the cali%hate of 4mar &Allah be %leased with him' &was treated' as one":ut 4mar b" 5hattab &Allah be %leased with him' said: 8erily the %eo%le have be#un to hasten in the matter in which they are reEuired to observe res%ite" ;o if we had imposed this upon them, and he imposed it upon them: &=ahih Muslim :oo$ A, 2umber ;BA/'
Cote: Above hadith is authentic by consensus later scholars tried to criticise but their sayin# is not evidence Imam Muslim =aid g l ` p ^q l m j azX Y~ o ^e ^v ^ W X [ ^Y n ^v ^ m X [ l{ | } v j s

 *a-e not gat*ered t*ose a*adit* in t*is boo3 :*ic* is Sa*i* according to on$y #e but t*ose on :*ic* t*ere is Consensus o+ 0u*addit*een @Sa*i* 0us$i# "$ )as*a*ud +ee as sa$at 2/ 71A ( Comment: It was ICma of =ahaba at the time of 1ro%het %eace be u%on him and at the time of Abu :$ar radhiallah anho and first few years of 0mar ?adhiallahanho that +hree talaE at a time J 0ne" After that 0mar ?adhi Allahanho ?mposed his Datwa because of eason as >mar adhiAllah anho himself said: =erily the people have begun to hasten in the matter in which they are reFuired to observe respite= " +his Fatwa was on +hose %eo%le not on 4s 0mar ?adhiAllahAnho Gan not chan#e =hariyah forever as Luran says in surah Al Maidah that deen is Gom%lete "

;cholars who agreed that Datwa of >mar A was political

Its %roven from this Athar itself that 0mar ra Im%osed his Fatwa on those %eo%le due to reason and there are some Danafi scholars who acce%ted that this fatwa was %olitical" /" +ahtawi hanafi in Dashiyah durre Mu$htaar vol 2 %a#e /28 2" Allama Lahistani Danafi in MamiHe Al ?amoo@ %a#e ;;/ ;" 1eer 5aram =hah A@hari brelvietc "

;ome Datwas of >mar A which he imposed due to some reason those were for that time but not till the day of Audgment

a) Going against Qayammum

Abd al)?abmin b" Ab@a narrated It on the authority of his father that a man came to 34mar and said: I am &at times' affected by seminal emission but find no water" De &34mar' told him not to say %rayer" 3Ammar then said" !o you remember, 0 Gommander of the Faithful, when I and you were in a military detachment and we had had a seminal emission and did not find water &for ta$in# bath' and you did not say %rayer, but as for myself I rolled in dust and said %rayer, and &when it was mentioned before' the A%ostle &may %eace be u%on him' said: It was enou#h for you to stri$e the #round with your hands and then blow &the dust' and then wi%e your face and %alms" 4mar said: 3Ammar, fear Allah" De said: If you so li$e, I would not narrate it"&=aheeh Muslim :oo$ ;, 2umber 09/8' Comment: =hay$h Abdul ?ahman 5ilani said this was due to the reason that %eo%le will ta$e ne#ative advanta#e of easiness %rovided by Islam" Cote: =hias can not not de#rade 4mar ra from above hadith see the re%ly by :rother :assam >awadi here:=efuting the ;hia Argument Qhat Emar Dorbade Carrating Qhe Comments of the Prophet= htt%:IIwww"ahlalhdeeth"comIvbeIshowthread"%h%< tJ;B08Khi#hli#htJ+ayammum

b)

urning the house of "run!ard &5itab al Amwaal %a#e /02'

c) Datwa of ;topping @aAA Qamattu(Emrah with @aAA)

Abu musa &Allah be %leased with him' said: I came to the Messen#er of Allah &may %eace be u%on him' as he was encam%in# at :atha" De said to me: !id you intend to %erform DaCC< I said: Ues" De a#ain said: *ith what intention have you entered into the state of Ihram &for Ifrad, Liran or +amattu3'" I said: I %ronounced +albiya &I have entered into the state of Ihram ' with that very aim with which the A%ostle of Allah &may %eace be u%on him' is %ronouncin# +albiya" De &the Doly 1ro%het' said7 Uou have done well" +hen circumambulate the Douse and run between al)=afa3 and al)Marwa3 and %ut off Ihram &as you have not brou#ht the sacrificial animals alon# with you'" =o I circumambulated the Douse, and ran between al)=afa3 and al)Marwa3 and then came to a woman of the tribe of Lais and she rid my head of the lice" I a#ain %ut on Ihram for DaCC" and continued #ivin# reli#ious verdict &accordin# to this %ractice' till durin# the Gali%hate of 4mar &Allah be %leased with him' when a %erson said to him: abu musa, or Abdullah b" Lais, e(ercise restraint in deliverin# some reli#ious verdict of yours, for you do not $now what has been introduced after you by the Gommander of the :elievers in the rites &of DaCC'" +hereu%on he said: 0 %eo%le, whom we #ave the reli#ious verdict &concernin# %uttin# off Ihram ' they should wait, for the Gommander of the :elievers is about to come to you, and you should follow him" 4mar &Allah be %leased with him' then came and I made a mention of it to him" whereu%on he said: If we abide by the :oo$ of Allah &we find' the :oo$ of Allah has commanded us to com%lete the &" DaCC and 34mra', and if we abide by the =unnah of Allah3s Messen#er &may %eace be u%on him', we find that Allah3s Messen#er &may %eace be u%on him' did not %ut off Ihram till the sacrificial animal was brou#ht to its end &till it was sacrificed'" &=ahih Muslim :oo$ O009, Dadith O28/0' Comment: =ame is the case with fatwa of three talaaE 0mar ?A im%osed due to some reason that fatwa was on those %eo%le not on us, if the fatwa of +alaaE is still on us then why above mentioned fatwas were on them but not on us<<

;ome Datwas of >mar A which railwiya and deobandiya reAect

a& pccordinr to mar ra the !oman can marr" after four "ears if her hus#and is lost a*ya re$ated to #e +ro# 0a$i3 +ro# a*ya ibn Said +ro# Said ibn a$60usayyab t*at U#ar ibn a$6?*attab said, )*e :o#an :*o $oses *er *usband and does not 3no: :*ere *e is, :aits +or +our years, t*en s*e does idda +or +our #ont*s, and t*en s*e is +ree to #arry(@4Boo3 2', %adit* 2'(1'(127A Comment: One can as3 +ro# )u$$aab o+ ,eobandi and Brai$:i #adrassa* :*en can :o#an #arry i+ *er *usband is $ost )*ey :i$$ co#e u5 :it* t*e ans:er o+ '0 to 100 years( !*y dont t*ey +o$$o: U#ar ra *ere #& pccordinr to mar ra the punishment of Halala !hich no! a da"s qrail!i"a practice is a*am. U#ar ibn a$6?*attaab 4#ay "$$aa* be 5$eased :it* *i#7 said :*i$st addressing t*e 5eo5$e: By

"$$aa*, no #u*a$$i$ or #u*a$$a$ $a*u :i$$ be broug*t to #e but :i$$ stone t*e#(@)*is is narrated by bn "bi S*ayba in *is 0usanni+ 7/2' , "bd a$6Raaa& :it* *is c*ain in *is a$60usanni+ 9/2910, Sunan Saeed bin 0ansoor 2/71,ad6,a*abee in Seyar ai$a# an62uba$a under t*e )aru#a o+ "$6"#as*A

Comment: + U#ar ra :ou$d see t*e 5ractice o+ *a$a$a in Pa3istan and ndia *e :ou$d *a-e ordered to stone t*ese 5eo5$e 4:*o 5ractice e-en a+ter 3no:ing it is *ara#7 to deat* c& pccordinr to mar ra the punishment of those men and !omen !ho marr" !ithout a !ali is lashes

:b _ L zY tG y 6 z I z= wS z4 zD y[ w5 y > < w7 y8 z :b z 6e zD tH w? zh I y= wY y H7 yZ zG wN Y y? w5 z I w5 z C tL wD zh I = w N 6M C y^ z 6? z7 G wN I = w N 63@ CY H< y8 z 63 z@ zY k z zO g y 63 GN Y zi zj z` z Cm y 6 \ zG wN I y= wD z7 z5 G zx y N< ` yD ` z C6: zh zB z` z Cu h ^ z 6R zD z4 wA zI : 3 w4 y n A zD z4 wN> y G z` z C6? O w^ z LD y GN > y < z7 zh z 1-0 /1 :^F34 I= YH<8 I38 67 z: 3 zH w= zs z D ` zB z Cg z[ y3 w7 G w NB z ,S z? zH w z I y= wD yH w? zh I = wY y H7 yZ zG wN Y ? w5 z lM yD z? z wA z, tL wD zh I = w N 6M , B w^ z 6M , s z 6Z z8 w x yI = wY 7 Z z4 6M , a ^ y = 6K z H w3 GN D t[ w= z = A z 6M zi z? z` z 6: zZ z[ zM w z` zl G yB z D yH wv z Q th ^ z Y yH z= y 6R zD z4 wA z H @ z9 w: 3 w4 y n A zD z4 wN> y i z< zj z` z 6? O w^ z LD y GN > y < z7 zh z :b z 6e z ,Y tG y 6 z I y= wS z4 zD y[ w5 y I w5 z --0 / :l3e^NYGN I386: zk z 6[ zM yo ^ zB z g z[ y3 w7 G w NB z g zO y 63 GN Y zi zj z` z D z7 z5 zG yP z
Comment: !e 3no: t*at according to Brai$:iya :a$i is not so i#5ortant +or #arriage( can &uote #any ot*er e<a#5$es :*ere Brai$:iya o5en$y reect t*e +at:a o+ U#ar ra(

: Datwas of ;ahaba Qabiyeen and <uhadditheen

a) Datwa of ?bne Abbas adhiAllah anho

Ibn Layyam ?ah Euoted from =unan Abu !awud " lU Of WOk p :NOP Xc ORnY X ox eO|Y \UX \Y iDKjY \Y qVGp \Y dG \U tOR_

}xO|WX -K Y tOnbX XuJ wd_XJ o d_XJ

" Ibn e Abbas May Allah be %lease with him said If someone says you are thrice divorced then it is only one" +his Ghain is on the criteria of Imam :u$hari" Cote: Ahlus sunnah say that =cholars should issue fatwa after watchin# the situation as it is mentioned in Abu !awood itself

Q gp gK gD Xg k g Q c h NOF B { x g g O^ g ge O| Y g \UX d gn Y h n Z :NOP ` d u h O^ gD \Y K mC hZ g \ h U X d h| Y g \Y :N VF G i gP g VRS W X Z gK m g Z d _ gp g hg n G g :NOP `Q hm W gc h Ou gt Xx g Q p g n n g g T_ g j g g g :NOP `O f g g { d hp gf g g X h T g W ~ g c hJ g O {K g D g Q W gB z g^ G g X hT G g\ D gJ g :NOP X I c hJ g `e O| Y g \ g UXOG `e h O| Y g \ g UXOG g O gn WX T F g k X gc o |n WX O gG p gOG :NOP X I c hJ g `~ g p gK gD X~ gn D h g OU gJ g ~ gU x g g m y g Y g `O {K g D g ~ gW g \ h hd Y h B h| P o \ u VF g g
It is narrated by Abdullah bin 5athir from MuCahid who said: I was with Ibn Abbas &ra' when a man came to him and said that he had divorced his wife three times" Ibn Abbas &ra' remained Euiet until I thou#ht that that he would return her to him but Ibn Abbas said: =>ne of you goes and commits a foolish act and then cries out > ?bn Abbas, > ?bn Abbas (to help them on the issue of divorce) even thou#h Allah says:And whoever has +aEwa of Allah, Allah will ma$e a way out for him" =o you did not have +aEwa of Allah

6A2! I !0 20+ FI2! A2U *AU 04+ F0? U04, U04 DA8Q !I=0:QUQ! U04? 0?! A2! U04? *IFQ DA= :QG0MQ G0M1 Q+Q U =Q1Q?A+Q! F?0M U046 and Allah has said: > ProphetV ?f you divorce your wives then divorce them at the beginning of their prescribed times "[=unnan Abu !awud, 8olume 2o"/, 1a#e 2o" -99,Dadith O 2/A9] <ali!s <awatta oo! , Cumber ::: Uahya related to me from Mali$ that he had heard that a man said to Abdullah ibn Abbas, 6I have divorced my wife by sayin# I divorce you a hundred times" *hat do you thin$ my situation is<6 Ibn Abbas said to him, =;he was divorced from you by three pronouncements, and by the ninetytseven, you have moc!ed the ayat of Allah:= " Comment: Ahlus sunnah say that the fatwa of muhaddith differes from siituation to situation" +his is also said by =hay$h Muhammad !awood ?ashid in !een al DaE :a Mawab Ma Al DaE when he was tal$in# about fatwas of Ibn Abbas that when some %eo%le &who are a#ainst ahlus sunnah' do this foolish act they come to us only for a fatwa, scholars should im%ose three divorces on them" As Ibn Abbas ra im%osed the fatwa of three divorces sometimes after watchin# the situation and sometimes he did not im%ose and said it is only one divorce "

b) DAQWA >D AQA

?C A ? ? A@ (Qabiyee) "

Ata bin abi ?ibah ?A said

eO|Y \UX \Y ~WX nU wd_XJ u ORO ER^ WJ Of wXKDX Fk IX NOP OY \Y

If you divorce your wife three times and did not #ather then it is only one divorce because &re%ort' reached to us that Ibn e A::A= said same [Musannif abdul ra@@aE vol - %a#e ;;. no: //0-] " c) Datwa of Qawus(Qabiyee) > D JKJ 40 #2= (& % " : 1 I F0 D )?G FE ? GN : 1 = ( LMN : 1 " JKJ E .C' @ 7% '*I . . Ibne =hahab said that Ibn Abbas said: 6 If a man divorces his wife three times,and did not #ather they will be counted three, I &Ibne =hahab >uhri' told this to +awus &=tudent of Ibne Abbas' De said: ? am witness that ?bne Abbas considered it only one"[Musannif Abdul ?a@@aE 8ol - %a#e ;;. hadeeth no: //099]

c) ?bn e @aAar asFalani mentioned those who declared r talaF at a time is

iDKjY \Y \mySWX \U tJXt \Y XJx ORU T_XJ `}ORWX _Or aOSbc \U dRSD NVP VuJ O_ OmY IS `d_XJ ^D o Of QpKDX dGG d|Y \U iOZx k NOP eO|Y \UX \Y

o|nWX NOF d_XJ ^D o Of :NOP OTFk mZ :bJ QmY X r o|nWX QW `XdGd ( Ic Oz^xO `wd_XJ ~ ORc :bJ QmY X r (aOSbc \UX dRSD GKk \D QSSrJ zG VUpJ dR_p Q{KLpJ Oz^xO (OuKZ oX OGXJKWX \D Km o }WX BGJTWX B|FG H iWRWX o GdSWX XuJ
And this is the sayin# of &/'<uhammad bin ?shaF =ahib A MAGDA>I and he ta$e evidence from !awood bin Dusain from I$rimah from Ibne Abbas ra, ?u$anah bin Abd Ua@eed divorced his wife three times" De became too sad, 1ro%het 1eace be u%on him as$ed Dow do you divorced< & ^r lg' ?u$anah said I have #iven ; talaaE" 1ro%het 1eace be u%on him as$ed in a sin#le MaClis< De &ru$ahan' said UQ=" &1ro%het' said +hen it is only one talaaE if you want to do ruCu &with ur wife' you can" ?u$ahnah did ruCu and Imam Ahmad and Abu yala mentioned this and authenticated from the turE of Muhammad bin IshaE and this hadeeth is 2us in this Masla we can not do taweel &end'

Qhen ?bne @aAar asFalani said:

\U \R_KWX d |YJ tVz D \ UXJ o Y \ Y B F Q U m{pJ `QU BRzG f O uD Qp EUXKWX BFJ `OJ \U dRSRW XYJ QW sOVWX qOTZ o mD \UX ~W BF `QCD KmUWXJ VY onWX fWX d|Y \U dRSDJ dD \U oF \U dRSRZ i|kKP GOD \D iYOR{ \Y ~W }VnWX (xOnGt \U JKRYJ eJOkJ OzZ eO|Y \UX qOSrp \Y xnRWX \UX QFJ `ORuKmJ
" And they say this is 0dd Madhab there is no %ractice on this, re%ly is that this&the madhab of ; talaEJ/' is narrated from () Ali, (r)?bne <asood, ()Abdul ahman bin Awf and ()Bubair (adhuAllahanhun) same is mentioned by Ibn e Mu#eeth in 5itab al wathaiE and Muhammad bin *adah attributed to him, and Ghanwi mentioned same&madhab' from =cholars of Lartaba li$e ()<uhammad bin QaFi bin <uhammad,()<uhammad bin Abdus ;alam Al @ashni etc, And Ibn e Mun@ar mentioned &same fatwa' from Companions of ()?bn e Abbas ra i$e () Ata (bin abi ribah), (-)Qawus(bin uaisan),()>mar bin "inar &end' " Comment: +hen Ibn DaCar asEalani ra claimed that after the Fatwa of 4mar ra i"e three will be counted as one it was iCma of sahaba that three divorces are eEual to three and the sayin# that three will count one is abro#ated, but this sayin# is refuted by Ladhi =ho$ani that there was no consensus, Ladhi =ho$ani said

Q p g gY g V gu \ gG g g h OR g{ h OU hI g OZ g I c hJ g V gu OR g gi n b J p gq OT gZ h \ D h B mW hd gU hI g OZ g I c g n WX I gU hq O^ gG J g gR K gY N g VP g b h On WX I g OZ g I c hJ g V n D g K D p g gY g K gR gY h OG p g g z U gJ g K j U g oU hp g g OG p ge On WX K R hT g G gI p gd z | G g hm Q gY g X r g h XN h Vb x g q OS gr p g O g O_ gJ g `Q hG hp x g h S R gU hi T gU h O gi n b g gn G gI p g O g OS g gx g VZ R gW X gW ~ h g W gc V| m^ hG I p g g b gJ g (
?e#ardin# Abro#ation we will say ?f it has been abrogated from any evidenceof uran and ;unnah, then where is that evidence : And ?f it is

said that it has been abrogated from Consensus (?Ama) then we will say where it is proven ?Ama And ?t is very absurd that people have been practicing on a thing in the era of Abu a!r r:a and starting era of Emar r:a which has been abrogated: And if it is said that the 2asi$h &abro#ator' is the sayin# of 4mar r"a then it is also unbelievable how Emar r:a can abrogate a Proven ;unnah from his own opionion : And we as$ for#iveness by ima#inin# such about Gom%anions r"a that they would have abro#ate a =unnah"[2ayl al awtar /0I2.-]"

d) Datwa of ?braheem AntCa!haee Qabiee

Allamah Aini @anafi said

ml [ `a `a zq [ z_i ` be `a be wo x` ] ^ Y ~ f `a h } ] ^ u `a k[[ if^`a[ ^ e bc a[ s X v`a[ ] o bc ^_{` a[ ^{ Z bc Y { e [ [[ ^ h "- a[ ^r l j WXq[ ^X e ^ mo f e a ad ~f`a wo x`

Imam :u$hari indicated throu#h the cha%ter that there is difference of o%inion re#ardin# ta$in# %lace of three divorces at once" Qhe <addhab of Qawus, <uhammad bin ?shaF, Al @aAAaA, ?brahim Ca!hi, ?bn <aFatal and of Ahlul dahirr is that giving r divorce at once will be considered as one " [4mdatul Ladri &20I22;'] :ut ri#ht after this Euote Allamah Aini too$ the name of Ibraheem an) 2a$haee3s name in those who say three talaE will be counted as three" " e) ?mam Abu Baid "aboosi (r t r-h) De said in his boo$ Al Israr 2v- )$ -G$5 Kh-5 o pq7 o # {Z{ 5` w2~H{ #aq/k )6 :(#v wb oM$ wb 4{m +here are those who says If a %erson %ronounce two or three divorce in one sittin#, it does not count but only one and this sayin# is more %robable" [+afsir
Gharaaib al LurHan by Imam 2esaburi 928 h under =urah al :aEHrah ayah 22A]

f) Datwa of ?mam ?bne uatheer

*e all $now the Fatwa of =hay$h ul Islam Ibne +amiyah that it was ; talaE at a timeJ/, Ibn 5athir as a staunch follower of Ibn +aymiyya in his views, due to which he was %ersecuted, and amon#st the views he su%%orted was three talaEs in one session bein# counted as one" For instance, Ibn Ladhi =huhba from his +abaEat +abaEat al)=hafiPiah "o QGpKU oTlG IOZJ QsXxM \D KmCZ o QW O|XJ QnY iOnDJ imRm \UOU imrVyL QW OZ

}JpJ ~W |U \STDXJ afWX iWD

RIbn 5athir had a s%ecial relationshi% with Ibn +aymiyya, who was his defender, and follower of many of his views" De would issue verdicts in accordance with his view with respect to QalaF, due to which he %laced under hardshi% and harmed" [also Mentioned by !r Muhammad Dussain !ahabee &?ah' of Mamaiya tul A@har in his boo$ Al +afsir wal Mufassiroon] Source: *tt5://is$a#5ort(co#/d/1/&ur/1/2'/294(*t#$

g) ?mam Abu @iyan al Andalusi said

wd_XJ H c EFG H Qp `O f Jp \mKD WOk h p :NOP VW Qp }KkOL o TG NX ODJ

From the wordin#s of Luran &At talaE marrataan' it always a%%ear in my heart that if a man %ronounce two or thee divorces to his wife, it will not count but only one" [in his Gommentary of Luran under ayah 22A of =urah Al) :aErah] source of tafsir: htt%:IIaltafsir"comI+afasir"as%< tMadh2oJ0Kt+afsir2oJ/AKt=ora2oJ2KtAyah2oJ22AKt!is%layJyesK1a#eJ2 BK=i@eJ/K an#ua#eIdJ/ ( h) D!har ud "in Al aRi said under :

: Vu NVFWX XuJ `wd_XVWX Hc EFG H O f Jp \mnX OFk VW Qp `\GdWX ORY \D KmCZ xOmTLX VuJ o zb VPVWOU NVFWXJ `iS{Xx wdlD Y QnY onRWX NORTX Y NdG onWX I[ `mP[X VPVWX dzU jSG Ip {V `sO{ Km QpJ tV{VWX o wdlRWX ~ NOLtc(
Large number of scholars of ?slam havemaintained that even if divorce is pronounced two or three times it will not count but only one, and this saying is more probable since what is %rohibited is harmful, and those who maintain that &three divorces' ta$e %lace are strivin# to resort to corru%t and harmful %ractices and it is inadmissible =o it is 0bli#atory to maintain its inadmissibility&end' source:htt%:IIaltafsir"comI+afasir"as%< tMadh2oJ0Kt+afsir2oJBKt=ora2oJ2KtAyah2oJ22AKt!is%layJyesK4ser1rofi leJ0K an#ua#eIdJ/ Comment: Fa$hr ud din al)?a@i came a century before Ibn +amiyah and he said 6 ar#er number of Islam have maintained that even if divorce is %ronounced two or three times it will not count but only one6 and his own o%inion is also with lar#er number of scholars

i) ?mam ?bn ashd urtubi a <ali!i urist said:

G6< 2G_G 6eDfT4 ><eB NPx 6_Hi u@ DZGN suV l` SM3H?GN hL aGN oY<GN WA i5 N_TNB Q<TGN WBo TiGN l` 6@u@ ><eB NPx NTifNB .SLN W6D4 suGN +here is consensus that #ivin# three divorce on separate times then the divorce is ta$en %lace as sayin# of Allah is 6A divorce is only %ermissible twice:6, ut there is difference when instead of se%arate, if the divorce is #iven in one sittin# three times then whether the divorce will ta$en %lace or not

iFWX j_ QRj_ fCWX lU afWX Ip Y xOyD[X OFlWX xVR{ o lW Km HJ wd_XVWX j_ QRj_ :iYOR{J KuOvWX Bup NOPJ iCWOCWX WOz QWVP KuO Hu i^_J `~W
+he contention of the maCority of the scholars is that three %ronouncements of divorce are eEual to three divorces" +he Ahlul !hahir and a #rou% of others

hold that such an act is eEual to only one divorce, and there is no effect of words and they ta$e a%%arent meanin# of the verse 6A divorce is only %ermissible twice:6[2:22A] &In the end he said' S3KGN R l` noh7GN S7[ZGN J`^ Y_` CnYkNB l` uGN suGN GA I4 WA 9i5A NB ]DM 64 GGB (S5BDd7GN +herefore we see and Allah $nows best &whoever says that' three divorce in one sittin# will be counted as three is finishin# the wisdom of Islamic law" [ :idayat Al)MuCtahid *a#hasyat Al)MaEtasid 2I-/)-;]

A) Datwas of ;hay!h ul ?slam ?bne Qamiyah, (!)?bne Ethaymeen and (l) alt;aSdi (may Allaah have mercy on them)

It is mentioned in Fatwa no: A-/AB of Islam Ea +he fuEahaP differed concernin# the threefold divorce &talaaE'" The correct vie! is that it counts as one divorce, whether it is uttered in a sin#le %hrase, such as sayin# RUou are thrice divorcedS or in re%eated words such as sayin#, RUou are divorced, you are divorced, you are divorced"S +his is the view favoured by =hay$h al)Islam Ibn +aymiyah &may Allaah have mercy on him' and was the view re#arded as most correct by =hay$h al)=aPdi &may Allaah have mercy on him' and =hay$h Ibn T4thaymeen &may Allaah have mercy on him'" ;hay!h ?bn Qamiyah Fuoted i!htilaaf and said

6 `a be ^ bj pzve pz`a ah[ " a[ mve i [ f{e mno : 6 `^`a -zj bc bYf`a uj[ azX`a bc flc`a e Z[ mlj a x| a pzZ] y^{|o be `a[ e : Xc be[ blXc^`a be flg pzq z[ wz`a ^uj bca[ \zXe bca[ sj bj [fi[ bj `d [fi[ mc^{|o fgo[ \[a\ pzq z[ ^{Z bc Y{e[ [fYj bc [ [[^ Xl`a be d be `d x` d ahr`[ Y{e bc fX~ mvca[ bl{`a bc sj bc Y{e fX~ sco uv bc Yo[ `^e[ lv sco y^{|o Xc pzq z[
+he third o%inion is that it &three talaE at once' is Forbidden and there is no obli#ation e(ce%t one +alaE and this o%inion came from a #rou% of =alaf and later ones of the com%anions of the %ro%het li$e >ubair bin alAwwam, Abdul ?ahman bin Awf, and it was narrated from Ali ra and Ibin Masood and Ibin Abbas" It is also re%orted from a lot of the +abieen &second or third #eneration' as +awoos, 5hallas bin Amro and Muhammad bin IshaE" It was also the o%inion of !awood and the maCority of his friends and it was also narrated from Abu Maafar Muhammad bin Ali bin Alhussein and his son Maafar and that is why some of the =hia chose it and it is also the o%inion of some of the students of Abu Danifa and Mali$ and Ahmad" [MaCmoo Fatawa 8I;;] see: *tt5://:::(a$i+ta(net/>ata:a/+ata:a,etai$s(as5< Boo3,=1ie:=PagePage2o=1Page,=97 m) ;hay!h bin aR said( +his &three divorce in one sittin#J/' was the view of ?bn TAbbaas (may Allaah be pleased with him) accordin# to a saheeh re%ort narrated from him7 accordin# to the other re%ort narrated from him he shared the view of the

maCority" +he view that they should be re#arded as one divorce was narrated from TAli, TAbd altahmaan ibn TAwf and altBubayr ibn altTAwwaam (may Allaah be pleased with them): +his was also the view of a number of the +aabiPeen, <uhammad ibn ?shaaF the author of al)=eerah, and a number of the earlier and later scholars" It was also the view favoured by ;hay!h alt?slam ?bn Qaymiyah and his student ?bn altayyim &may Allaah have mercy on them'" Qhis is also my view, because that is following all of the tets, and because it is also more merciful and !ind to the <uslims:Fataawa Islamiyyah, ;I28/, 282"

n) ;hay!h ;ayyed ;abiF

=hai$h =abiE authored several boo$s but widely reco#nised for his FiEh as) =unnah a com%lete manual of FiEh that earned him in /AAB the coveted 5in# Faisal 1ri@e for Islamic =tudies" =ayyid =abiE was teachin# at Al)A@har 4niversity Q#y%t, but he also held different %osts in its administration" ater he tau#ht for many years at the 4mm Al)Lura Islamic 4niversity in Ma$$ah" " De in his :oo$ FiEh as =unnah wrote both views and then Euoted the evidence of those who are of the view that 6+hree divorce will not count but only one6 he said: " 6+hey Euote the followin# hadith in su%%ort of their view: 6Ibn 3Abbas &may Allah be %leased with him' re%orts that the &%ronouncement' of three divorces durin# the lifetime of Allah3s Messen#er &%eace and blessin#s be u%on him' and that of Abu :a$r &may Allah be %leased with him' and two years of the cali%hate of 34mar ibn Al)5hattab &may Allah be %leased with him' was treated as once" :ut 34mar ibn Al)5hattab &may Allah be %leased with him' said: 68erily the %eo%le have be#un to hasten in the matter in which they are reEuired to observe res%ite" =o if we had im%osed this u%on them &i"e" re#ard the divorce %ronounced three times in succession as irrevocable divorce, it would have deterred them from doin# so',6 =o he re#arded it as such" Qhis latter view is believed to be the most correct:= o) ;hay!h <uhammad al uhudayri said:
+here are two o%inions on this matter" In consideration of the evidence and the %ractice at the time of the 1ro%het &%eace be u%on him', the stron#est o%inion is that three %ronouncements of divorce #iven on one occasion count as a sin#le divorce" &source:*tt5://is$a#today(co#/node/10'8 7

Fatwas of Imam Ahmad, =hafiee and 0ther =cholars

a) ?mam

aghawi said

N` 6@u@ BA IHf_iV ]M Wx 9@ JeB suGN ]MB u@ BA IHf3@6= IU6= >MA b6e GB aE?GN b6e D` + a 5erson says to *is :i+e, ou are se5arated by t:o or you are se5arated by t*ree, and *e intends di-orce t*en di-orce :i$$ ta3e 5$ace accordinr to the num#er he intended.4Ra:d*a a$6ta$ibeen 7/7

"ccording to t*is grou5 o+ sc*o$ars, i+ %e ntended 1 ,i-orce t*en 1 :i$$ ta3e 5$ace and i+ t:o t*en t:o :i$$ ta3e 5$ace( b) ?mam ?bn udamah stated

Kh-5 )_ c5 Z{ \a' #{Z{ d6#k |_` : 1~L5P6 (#v -R 6If a husband says to his wife RUou are divorced thriceS then three divorces ta$e %lace even though he intended only one:X&Al)5afi ;I/22 ' Comment: =o Accordin# to +his 8iew if Dusband says three talaE at once even if he intended / !ivoce, then the !ivorce will be ta$e %lace"

c) Abdul @ai La!nvi @anafi

De was as$ed re#ardin# three talaE in one sittin# and he re%lied 6In this situation three talaE will ha%%en and without +ehleel ni$ah is not correct accordin# to hanafiya" ut if it is necessary and it is hard for him to go far from his wife and there is fear of sin than there is no harm in ma!ing taFleed of any other imam: Q(am%le of that is Danafiya allow in cases of nessecities to follow the sayin# of Maali$ on the issue of iddah of lost husbandHs wife" +here is a detail about it in ?add al Mu$htaar" :ut it is better for him to tal$ about it with Aalim =hafee and act u%on his fatwaa [MaCmoo Fatawa vol 2 %a#e .;,.B Euoted by Irshad ul DaE athree in Masla$ Ahnaaf and Molana Abdul Dai a$hnavee rahimullah] Comment: Accordin# to this #rou% if it is necessary than one can follow the fatwa of three talaE in one sittin# as one"

d) Qhe opinion of ?mam Ahmad ra

Imam ar$ashi said

~|uD Y BRS H : QUOSrp z|W NOP Q ` dR_p uD Xu Ip iUOnSWX zU KZJ QW NOF ` EFG EFG : NOF afWX \D iWD \Y BbJ ( eOnWX uXRU XVyLKTG Yt ` XV{KSm : NOF ( iOrKWX o \mmdRWX iF_ Y QWtJ z : NOP V^G ` EFG H Qp d_p oOTp I : BsOFWX z : NOP O{ oVTp Ic
So#e o+ t*e %anba$ees said )*is is 0ad*ab o+ "*#ad, %e said to *is co#5anions t*at do not #5ose your o5inions on ot*ers, $ea-e t*e 5eo5$e so t*at t*ey #ay see ot*er #adaa*ib( !*en %e 4"*#ad7 :as as3ed regarding t*e issue o+ di-orce( He said: It !ill count. It !as said to him If someone said ,in his fat!a& that It !ill not count then He ,phmad& said "es it is also allo!ed. "nd %e to$d in Rasa+a to t*e 5eo5$e o+ 0adeena( )*e &uestioner as3ed + *e say 4in *is +at:a7 t is a$$o:ed t*en is it a$$o:ed %e said yes @"$ B*r a$ 0u*eet -o$ 9 5age 1'A

Comment: So +or #a# "*#ad and so#e %anba$ee sc*o$ars + so#e 0u+ti says t :i$$ not count t*an it is a$so a$$o:ed and t*ey do not i#5ose t*eir 0ad*ab on ot*ers(

e& pl(Imam ash(Shaafiee said

Q75 7L 9G WxB C 2H` >?@ aGN >eGN l` D?\GN Q?_L WA jLB D?\GN Q7= S7UN I4

t is ob$igatory to acce5t a re5ort once it is 5ro-en, e-en i+ t*e i#a#s did not act u5on t*is re5ort(@" RS""" P" ; 49 A Gomment: Qven thou#h the famous o%inion of Imam ash)=hafiee is that if someone says three talaE at once than it is three but when the hadith of =ahih Muslim and Musnad Ahmad are %roven to be authentic than accordin# to the fatwa of Imam ash)=hafiee we should act u%on it" : What should we do when there is "ifference of >pinion

Allah says:&.A" 0 you who believe, 0bey Allah and obey the Messen#er, and those of you who are in authority" ?f you differ in
anything among yourselves, refer it to Allah and @is <essenger, if you believe in Allah and in the ast !ay" +hat is better and more suitable for final determination"'

"a)?bne uatheer Commented

&And those of you who are in authority' in the obedience to Allah which they command you, not what constitutes disobedience of Allah, for there is no obedience to anyone in disobedience to Allah, as we mentioned in the authentic Dadith, BD < w7 z wGN l` yS 5 z 6 GN 67 zM x y (>bedience is only in righteousness:) &end' b) Prophet (peace and blessings of Allaah be upon him) said , 6+here is no obedience to a created bein# if it involves disobedience of the GreatorS &re%orted by Ahmad, /0B/7 a saheeh hadeeth'

c) Qhe Prophet (peace and blessings of Allaah be upon him) said: R2one of you truly believes until I am more beloved to him than his son, his father, and all the %eo%le"S &?e%orted by al):u$haari, -;'

d) Abdullah bin Emar ra

Cm t 6: z y I y= wN I w5 z CW z 6K z H wO z I y= wg yG y 6 z I w5 z C l= yA z 63 z@ zY k z CY t< w8 z I y= w9 z HR y ND z= wx yI = wm _ < wL z lM yD z? z wA zCY tH w7 zk I = wY ? w5 z 63 z@ zY k z G zx yn yD z7 w< wG6= yJ yf 7 zf GN I y5 z CD z7 z5 I z= w y NY z? w5 z b zK w L z zR B z y 6d GN Q yR wA zI w4 y u h ^ z J z7 y8 z 2 M A zC2 @ zY Z z: yi GN Y y? w5 z I z= w9 zG y 68 z W A z z L > wA z^ zA z:D zz 75 I = w y NY ? w5 z b z 6_ z` z C 6: z3 w5 z : zM zY we z z 6= zA zW x y:l 4 y 6d GN b z 6_ z` z Cb u zk z l zR y :D z7 z5 I = w y NY ? w5 z b z 6_ z` z C Z zG wN N i z y Nb y 8 ^ z D z4 wA z wA zJ ? yf M z l= yA zD z4 wA zA zC9 zi 8 z B z 2 yH wi z5 z N i z y Nb 8 ^ z 6: z< z3 z z B z 6: z3 w5 z : zM z l= yA zW z 6O z W wx y N i z y Nb 8 ^ z 6: z< z3 z z Y w_ zG z:b z 6_ z` z C9 zi 8 z B z 2 yH wi z5 z N i z y Nb y 8 ^ z D z4 wA zQ w= zQ h D GN : b z 6_ z` z c9 zi 8 z B z 2 yH wi z5 z 9 zi 8 z B z 2 yH wi zz 5

=aalim ibn 3Abdullaah ibn 34mar, who said: 6I was sittin# with Ibn 34mar &radi Allaahu 3anhu' in the mosEue once, when a man from the %eo%le of =yria came to him and as$ed him about continuin# the 34mrah onto the DaCC &$nown as DaCC +amattu3'" Ibn 34mar re%lied, 3It is a #ood and beautiful thin#"3 +he man said, 3:ut your father &i"e" 34mar ibn al)5hattaab' used to forbid it,3 =o he said, 3*oe to you, If my father used to forbid somethin# which the Messen#er of Allaah &sallallaahu 3alaihi wa sallam' %ractised and commanded, would you acce%t my father3s view, or the order of the Messen#er of Allaah &sallallaahu 3alaihi wa sallam' <3 De re%lied, 3+he order of the Messen#er of Allaah &sallallaahu 3alaihi wa sallam'"@/"*#ad 4no( 17007 )ir#id*ee ?itab a$ %a C*a5ter "t )a#attu and dec$ared it Sa*ee*A ( e& uhammad i#n p#dullah i#n al(Harith i#n %a!fal i#n p#d al( uttali# %e *eard Sad ibn "bi !a&&as and ad6,a**a3 ibn .ays discussing ta#attu in bet:een u#ra and *a( "d6,a**a3 ibn .ays said, On$y so#eone :*o is ignorant o+ :*at "$$a*, t*e ;<a$ted and $ori+ied, says :ou$d do t*at( !*ereu5on Sad said, %o: :rong is :*at you *a-e ust said, son o+ #y brot*er "d6,a**a3 said, //U#ar ibn a$6 ?*attab +orbade t*at, and Sad said, )*e 0essenger o+ "$$a*, #ay "$$a* b$ess *i# and grant *i# 5eace, did it, and :e did it :it* *i#( @0u:attaa 60a$i3 Boo3 20, 2u#ber 20(17(91A

-: Conclusion
/" Accordin# to Luran !ivorce time is three menstrual periods and not three seconds ,, 2" It is %rohibited to divorce durin# menstrual %eriods ;" =ayin# three talaE at a time is %rohibited" B" +here is no +alaaE in an#er accordin# to hadith" ." Dalala &+ehleel marria#e' is %rohibited and >ina &womam will not be allowed for first husband after this haram marriia#e' -" =ayin# three talaE at a time will be counted as only one" 9" If there is dis%ute in some case &li$e in issue of divorce' then we should refer it to Allah and Dis Messen#er

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