Giving 3 Talaaqs at once Equals 3
CHAPTER TWENTY-EIGHT
GIVING 3 TALAAQS AT ONCE EQUALS 3
If someone gives his wife three Talaaqs at once, even though he has done something disliked, all three will be counted for, not one. This woman now becomes Halaal for him only after Halaala. The Ghair-Muqallids (those who reject the Four Imams) and Wahabies of today refute this and say that in this case, only one talaaq has been given and to return to the woman (rujoo) is correct.
INTRODUCTION
If you want to give Talaaq, it is best to give only one in a Tohr (period of purity after menstruation). If you wish to give all three however, give one talaaq in one Tohr each. Now, if a person gives talaaq to a woman while she is in menstruation (haiz) or gives all three talaaqs at once, then although he has done something abhorred, whatever amount of talaaqs he has given are complete and emplaced. There are three situations in giving all three talaaqs simultaneously:
1.If a man gives three talaaqs at once to his wife who he has made Nikah to but has not had intimacy (khalwat) with yet in the following way, “Talaaq is for you. Talaaq! Talaaq!” (i.e. separately), then in this case, only one Talaaq has been given and the rest are not counted, because the woman comes out of the marriage on the man saying the first one (and there is no iddat Waajib on her). Nikah or Iddat is required for Talaaq to occur. Yes, if he said to his wife, “You are given three talaaqs,” (i.e. at once) then all three will be counted because in this case, the three talaaqs occurred in the presence of Nikah. – General Books
2. If a man gives three talaaqs to his wife with whom he has been intimate with in this manner, “Talaaq is given to you. Talaaq! Talaaq!” with the last two talaaqs being said with the intention of emphasizing the first (and not to mean two separate talaaqs), still too would only one talaaq have occurred (though the Islamic judge (Qaadhi) will not accept this excuse). This is because he actually emphasized one talaaq with two accentuations, similar to a person saying, “l’ll drink water. Water, water,” or, “I’ll go tomorrow. Tomorrow, tomorrow”, etc.” In these cases, the last two words are emphasis for the first.
3. Concerning a man who gives all three talaaqs at once to his wife with whom he has been intimate with in any of these manners, “Three talaaqs are for you,” or, ”Talaaq is for you, talaaq is for you, talaaq is for you,” then in this case, all three talaaqs will have occurred. This woman is not Halaal for him without Halaala (process after which a woman may remarry her ex-husband). Imam Abu Hanifa رضی اللہ تعالٰی عنہ, Imam Shafee رضی اللہ تعالٰی عنہ, Imam Malik رضی اللہ تعالٰی عنہ, Imam Ahmad ibn Hambal رضی اللہ تعالٰی عنہ, the fanner and latter Ulama as well as the overwhelming majority of Jurists are agreed upon this. Yes, some surface-Maulwis oppose the last case.
Under the ayat, “فان طلقھا فلا تحل لہ الایہ” Allama Saawi رضی اللہ تعالٰی عنہ writes, “The Ulama of the Ummah are unanimous that if a man gives his wife three talaaqs separately or all at once, the woman becomes Haraam on him.’,28.2 – Tafseer Saawi
Imam Nawawi رضی اللہ تعالٰی عنہ writes, “Concerning any person who says to his wife, “You are given three talaaqs,” all Four Imams (Imam Abu Hanifa رضی اللہ تعالٰی عنہ, Imam Shafee رضی اللہ تعالٰی عنہ, etc.), as well as the fanner and latter Ulama, rule that all three have been given. Yes, some Ahle-Zaahir (Ghair-MuqaIlids) say that only one is counted.” 28.3-Sharah Muslim, Vol. 1, Baabut-Talaaqith-Thataotk
In fact, some individuals such as Hajaaj ibn Artaat, Ibn Maqaatil and Muhammad ibn Ishaaq say that not even one talaaq will be given! – Ibid
The Ghair-Muqallids (rejecters of following the Four Imams) of today, in the Taqleed of Ibn Taymia, believe three talaaqs given at one time to be only one, proving that their deen is based on weak: and absurd opinions. Under the ayat, “فان طلقھا فلا تحل لہ الایہ” Imam Saawi رضی اللہ تعالٰی عنہ states, ”No one has said, “Three talaaqs which have been given at once equal only one” except Ibn Taymia, whose stance on this issue was rejected by the Imams of his own muzhab (Hambali). The Ulama further state that Ibn Tayrnia was deviant and also made others astray. Associating this ruling to Imam Ash’hab Maliki رضی اللہ تعالٰی عنہ is wrong.” 28.5 – Tafseer Saawi
Anyway, we come to know that merely for ease, those who reject the Four Imams (e.g. Imam Abu Hanifa رضی اللہ تعالٰی عنہ etc.) have adopted this ridiculous ruling as their belief. Thus, I shall now discuss this rule in detail.
PROOF QF GIVING THREE TALAAQS AT ONCE BEING THREE
It is best to give only one talaaq. More shouldn’t ever be given, but if you do wish to give three, give one talaaq in one Tohr (period of purity after menstruation). Hence, three talaaqs should be given in three separate Tohrs. To give a few talaaqs at once is not pleasant, but if a person does so, the amount of talaaqs said will equal the amount complete, e.g. 2 talaaqs said will equal 2 being given, 3 said will equal 3, etc. So, although the person who gives all three at once has done something detested, all three talaaqs will occur (similar to giving one talaaq during menstruation). It isn’t nice, but it still counts. Proof of this follows:
1. Allahعزوجل states, “فان طلقھا فلا تحل لہ الایہ” and thereafter, “الطلاق مرتٰن فامساک بمعروف او تسریح باحسان”.
It is known from this ayat that the right of taking back the wife (rujoo) is only until two talaaqs, not three. ‘Marrataan’ is applied here to demonstrate that giving the talaaqs separately is not a condition without which the talaaqs will not occur.
Whether they are given separately or all at once, this will be the ruling. Imam Saawi رضی اللہ تعالٰی عنہ writes under this ayat, “The aim of this ayat is that if three talaaqs were said, they will be complete, irrespective of whether they were given all at once or separately. The woman doesn’t remain Halaal.”28.8 – Tafseer Saawi
He further states, “If a person says, “You are given three talaaqs,” then three talaaqs have occurred. The Ummah of Rasoolullahصلی اللہ علیہ وسلم have agreed on this.” 28.9 Ibid
Other books of Tafseer state likewise.
2. The Holy Quran states, “ومن یتعد حدوداللہ فقد ظلم نفسہ لا تدری لعل اللہ یحدث بعد ذٰلک امرا”- Surah Talaaq, Verse1
Anyone who breaks the boundaries of Allahعزوجل {i.e. gives all three talaaqs at once) is unjust to himself, because sometimes, a person is embarrassed after doing this and wishes to take his wife back (rujoo). If he gives three at once, he won’t be able to do so. This ayat doesn’t say that the three talaaqs given don’t occur, but that such a person is, again, unfair to himself. Imam Nawawi رضی اللہ تعالٰی عنہ states, “واحتج الجمھور بقولہ تعالیٰ ومن یتعد حدوداللہ فقد ظلم نفسہ الخ قالوا معناہ ان المطلق قد یحدث لہ ندم فلا یمکنہ تدار کہ لو قوع البینونۃ فلو کانت الثلٰث لم تقع طلاقہ ھٰذا الا رجعیا فلا یندم”-Sharah Muslim, Baabut-Talaaqith-Thalaath
The translation of this has already been given above.
3. Hadrat Suwaid ibn Ghafla رضی اللہ تعالٰی عنہ reports that Imam Hasan ibn Ali رضی اللہ تعالٰی عنہ to gave his wife, Aish Khashamia رضی اللہ تعالٰی عنہ three talaaqs at once. When he later heard that his wife had been crying a lot due to being separated from him, he himself began to cry and said, “If I didn’t hear my father, Ali رضی اللہ تعالٰی عنہ, say, “To whoever gave his wife three talaaqs separately or all at once, she does not become permissible for him without Halaala,” I would definitely have taken her back (rujoo).” The last words of the Hadith are “لولا انی سمعت جدی وحدثنی ابی انہ سمع جدی یقول ایما رجل طلق امراتہ ثلثا عند الاقراء اوثلثا مبھمۃ لم تحل لہ حتّٰی تنکح زوجا غیرہ” – Sunan-e-Kubra by Imam Baihaqi رضی اللہ تعالٰی عنہ; Vol. 7, Pg. 336
4. A narration by Habib ibn Abi Thaabit رضی اللہ تعالٰی عنہ states, “A person came to Hadrat Ali رضی اللہ تعالٰی عنہ, and said, “I have given my wife 1,000 talaaqs.” He replied, “Three talaaqs have made her Haraarn on you. Distribute the rest amongst your other wives (in other words, they are meaningless).,,28.l0 – Sunan-e-Kubra, Vol. 7, Pg. 335
Obviously, this person didn’t give these 1,000 talaaqs within 1,000 months because roughly 85 years would’ve been required for this! They were surely given all at once, and Hadrat Ali رضی اللہ تعالٰی عنہ ruled them to be complete.
5. “Imam Jafar Saadiq رضی اللہ تعالٰی عنہ reports his grandfather, Hadrat Ali رضی اللہ تعالٰی عنہ to have said, “To he who gives his wife three talaaqs at once, she does not become Halaal for him without Halaala.”2.11 – Ibid
This is supported by the following narration of Abu Ya’laa رضی اللہ تعالٰی عنہ “عن علی رضی اللہ عنہ فیمن طلق امرء تہ ثلثا ان یدخل بھا قال لا تحل لہ حتّٰی تنکح زوجا غیرہ” –Ibid
6. Muhammad ibn Ayaaz ibn Kabeer also states that once, a person gave his wife all three talaaqs at once before committing intimacy with her. After later wishing to have Nikah with her again, he proceeded to Hadrat Abu Hurairah and Abdullah ibn Abbas رضی اللہ تعالٰی عنہ to present his case. Both of them replied, “We don’t find any method of pennissibility for this Nikah until she marries another.” The man then said, “I have given three talaaqs in one sentence.” Hadrat Abdullah ibn Abbas رضی اللہ تعالٰی عنہ responded, “You have given whatever was salvaged for you.” The last words of the Hadith are, “فسئل ابا ھریرۃ وعبداللہ ابن عباس عن ذالک فقال لا نرٰی ان تنکحھا حتّٰی تنکح زوجا غیرک قال انما کان طلاقی ایاھا واحدۃ فقال ابن عباس انک ارسلت من یدک ماکان لک من فضل” – Ibid
7. Abdul-Hameed ibn Raafi رضی اللہ تعالٰی عنہ reports from Ataa that a person once said to Hadrat Abdullah ibn Abbas رضی اللہ تعالٰی عنہ, I have given my wife 100 talaaqs.’ He replied, “Use three and leave the remaining 97.” The words of this Hadith are, “ان رجلا قال لا بن عباس طلقت امراتی مائۃ قال تاخذ ثلثا وتدع سبعا و تسعون” – Sunan-e-Kubra, Vol. 7, Pg. 337
8. It is narrated by Hadrat Saeed ibn Jubair رضی اللہ تعالٰی عنہ that a man once came to Hadrat Abdullah ibn Abbas رضی اللہ تعالٰی عنہ and said, “I have given my wife 1,000 talaaqs.’ He replied, “Use three and leave the remaining 997.” The words are, “ان رجلا جآء الی ابن عباس و قال طلقت امراتی الفا فقال تاخذ ثلثا وتدع تسع مائۃ و سبعۃ وتسعین” –Ibid
9. The narrator further states that Hadrat Abdullah ibn Abbas رضی اللہ تعالٰی عنہ once said to a man who had given his wife three talaaqs at once, “Your wife has become Haraam on you.” The extract is, “عن ابن عباس انہ قال لرجل طلق امراتہ ثلثا حرمت علیک”- Ibid
10. Hadrat Amr ibn Dinaar رضی اللہ تعالٰی عنہ narrates that a person once asked Hadrat Abdullah ibn Abbas رضی اللہ تعالٰی عنہ “What is the ruling on the person who gives his wife talaaq equal to the amount of stars?” He answered, “Say to him that the Gemini stars were sufficient.” (The Gemini Constellation has three stars at its beginning.) The Hadith is, “عن عمرو ا بن دینار ان ابن عباس سئل عن رجل طلق امراتہ عدد النجوم فقال انما یکفیک راس الجوزاء” – Ibid
11. Hadrat Fathima bint Qais رضی اللہ تعالٰی عنہا states that her husband gave her three talaaqs at once at the time of going to Yemen. The Holy Prophetصلی اللہ علیہ وسلم ruled all three as complete. The Hadith is, “قالت طلقنی زوجی ثلثا وھو خارج الی الیمن فاجاز ذٰلک رسول اللہ صلی اللہ علیہ وسلم” – Ibn Majah, Abwaabut-Talaaq, Baab-Mann Talaqa Thalatan fi Majlisin Waahidin
12. Abdullah ibn Ali ibn Yazeed ibn Rukaana رضی اللہ تعالٰی عنہ states, “My grandfather, Rukaana, gave his wife Talaaq-e-Bataa. He later came to the Holy Prophetصلی اللہ علیہ وسلم “”, explained what had happened and said, “I intended only one talaaq.” Rasoolullahصلی اللہ علیہ وسلم asked, “Do you take an oath on Allahعزوجل that you intended only one?” He replied, “Oath on Allahعزوجل, I intended only one.” The Holy Prophetصلی اللہ علیہ وسلم then told him that his wife was his again.” The Hadith is, “عن عبداللہ ابن علی ابن یزید ابن رکانۃ عن ابیہ عن جدہ انہ طلق امراتہ البتۃ فاتٰی رسول اللہ صلی اللہ علیہ وسلم فسالہ فقال مااردت بھا قال واحدۃ قال او اللہ ما اردت بھا الا واحدۃ قال واللہ مااردت بھا الا واحدۃ قال فردھا الیہ” – Ibn Majah, Baabu Talaaqil-Bataa & Abu Dawood, Baabul-Bataa
If giving three talaaqs at once causes only one to occur, why did Sayyiduna Rasoolullahصلی اللہ علیہ وسلم take an oath from Hadrat Rukaana رضی اللہ تعالٰی عنہ regarding his intention? Hadrat Rukaana رضی اللہ تعالٰی عنہ said, “You are Taaliq (given talaaq). Taaliq! Taaliq!” The last two words were to emphasize the first. As a result, they were all counted as one. This narration is reliable. Ibn Majah states, “This Hadith has a reputed chain of narrators,” 28.12 and Abu Dawood writes, “The narration is more sound (Sahih) in comparison to Ibn Juraih’s رضی اللہ تعالٰی عنہ 28.13
13. Muawiya ibn Abi Abbas رضی اللہ تعالٰی عنہ states that a person once asked Hadrat Abdullah ibn Abbas رضی اللہ تعالٰی عنہ and Hadrat Abu Hurairah رضی اللہ تعالٰی عنہ “What is the ruling on a person who gives his wife three talaaqs at once?” Hadrat Abu Hurairah رضی اللہ تعالٰی عنہ replied, “One talaaq separates them and three makes her Haraam on him. Without Halaala, Nikah is incorrect.” Hadrat Abdullah ibn Abbas رضی اللہ تعالٰی عنہ stressed this. The Hadith is, “عن معاویۃ ابن عیاش ابن عباسو اباھریرۃ وعبداللہ ابن عمر و ابن العاص سئلوا عن البکر ویطلقھا زوجھا ثلثا قال لا تحل لہ حتّٰی تنکح زوجا غیرہ وروٰی مٰلک عن یحےی ابن سعید عن بکیر ابن اشج عن معاویۃ ابن ابی عیاش انہ شھد ھٰذاہ القصۃ” – Abu Dawood, Baabu Nashkil-Muraajiah ba ‘ada Tatleeqith-Thalaath
14. Bisaam Sareeqi رضی اللہ تعالٰی عنہ states that Hadrat Jafar ibn Muhammad رضی اللہ تعالٰی عنہ once said, “Anyone who intentionally or unknowingly gives his wife three talaaqs causes that woman to become Haraam on him.” – Baihaqi
15. Muslima ibn Jafar Ahmad رضی اللہ تعالٰی عنہ once asked Imam Jafar ibn Muhammad رضی اللہ تعالٰی عنہ Do you say that giving three talaaqs at once is equal to only one?” He answered, “Ma’azallah (Allahعزوجل forbid)! Never have I said this.
Three talaaqs will be three.” – Tafseer Roohul-Ma’ani, Second Parah
16. In the time of Hadrat Umar رضی اللہ تعالٰی عنہ it was ruled that three tataaqs given at once will be three. The extract is, “فقال عمر ابن الخطاب ان الناس قد استعجلوا فی امر کانت لھم فیہ اناۃ فلو امضیناہ علیھم فامضاہ علیھم” Muslim, Kitaabut-Talaaq, Baabut-Talaaqith- Thalaath
17. The Sahaaba have also had consensus (ijmaa) on three given talaaqs being three. It is clear that they cannot agree or have ijmaa on something that is wrong. – Sharah Muslim by Imam Nawawi رضی اللہ تعالٰی عنہ under the abovementioned Hadith
18. Logically, when a husband has the rights to give three talaaqs, why would only one occur when he wishes to give all? The usage of the owner is credible.
19. An action being Haraam doesn’t cause the ruling or law to change. Definitely, to give three talaaqs at once is strictly prohibited, but when the husband does so, why shouldn’t they be complete? To slaughter an animal with a stolen knife is Haraam, but if someone does slaughter with it, the animal is Halaal. Giving talaaq in the state of menstruation (haiz) is Haraam, but if someone does this, it will be counted.
20. In elimination, consequence is related to the cause. If cause is found, its consequence becomes necessary. Hidaaya states, “In elimination, ruling cannot be separate from its reason.” 28.J4 – Kitaabul-Wakaalat
Saying “Talaaq” is reason and Talaaq occurring is its consequence and ruling. Tataaq is to remove the wife from the property of the husband. Thus, it is not possible for the cause to be found but its consequence to not be found, i.e. the husband says three talaaqs but only one occurs.
21. The overwhelming majority of the Ulama, especially Imam Abu Hanifa, Shafee, Maalik and Ahmad ibn Hambal رضی اللہ تعالٰی عنہ rule that giving three talaaqs at once causes all three to occur. Opposing this is opposing the Muslim Ummah and this is deviance.
In short, this ruling is proven from the Quran, Hadith, consensus of the oahaaba, rulings of the Ulama, Muhadditheen and Mufassireen and even logically. Disagreeing with it is opposing transmitted proofs and is against common sense.
OBJECTIONS AND ANSWERS
TO THREE TALAAQS AT ONCE BEING THREE
OBJECTION 1: Allah states, “الطلاق مرتٰن فامساک بمعروف او تسریح باحسان”.
From the ‘faa’ in ‘Faa’in’, it is known that giving separate talaaqs is a requirement. Giving three at once is definitely not separate. (‘Marrataan’ denotes division.)
Answer – There are a few replies to this,
1. This ayat doesn’t mean that three talaaqs given at once will only equal one. Rather, its aim is to show us that Talaaq-e-Rajee (Talaaq until which you can take back the wife) is only until two given talaaqs. The article in ‘At-Talaaq’ is delegated (ahdi). It has thus been said, “For whoever gives more than two (i.e. three), the woman doesn’t become Halaal for him without Halaala.” Tafseeraat-e-Ahmadia, Saawi and Jalaalain state, “الطلاق ای التطلیق الذی یراجع بعدہ مرتن ای اثنتن”.
2. If, hypothetically, it is believed that ‘marrataan’ orders the separation of talaaqs, then saying, “Talaaq is for you. Talaaq is for you. Talaaq is for you.” is segregation in words. Even saying, “You are given three talaaqs,” has numerical separation. From where did you deduce that the period of one menstruation is a condition between talaaqs? Allahعزوجل states, “Look towards the sky repeatedly.” 28.17 This doesn’t mean that it should be looked at once a month.
3. According to your explanation, this ayat will mean that talaaq should be given separately. We too say that giving talaaqs all at once is strictly prohibited. Giving them separately is necessary, but the question is: if a person, out of stupidity, gives three talaaqs at once, will they occur or not? The ayat is silent about this.
OBJECTION 2: Hadrat Abdullah ibn Abbas رضی اللہ تعالٰی عنہ states that in the eras of the Holy Prophetصلی اللہ علیہ وسلم, Hadrat Abu Bakr Siddique رضی اللہ تعالٰی عنہ and even during the initial stages of Hadrat Umar’s رضی اللہ تعالٰی عنہ Khllaafat , it was ruled that three talaaqs given at once is equal to only one. The extract is, “عن ابن عباس قال کان الطلاق علٰی عھد رسول اللہ صلی اللہ علیہ وسلم وابی بکر و ثنتین من خلافۃ عمر طلاق الثلاث واحدۃ” – Muslim, Kitaabul-Talaaq
Also, Abus-Sahbaa once asked Hadrat Abdullah ibn Abbas رضی اللہ تعالٰی عنہ Do you know that in the time of Rasoolullahصلی اللہ علیہ وسلم and Hadrat Abu Bakr Siddique رضی اللہ تعالٰی عنہ three talaaqs were accepted as one?” He answered, “Yes.” (The Hadith is, “ان ابا الصحبآء قال لابن عباس اتعلم انما کانت الثلٰث تجعل واحدۃ علٰی عھد النبی صلی اللہ علیہ وسلم وابی بکر و ثلثا من امارۃ عمر فقال ابن عباس نعم”) These narrations prove that giving three talaaqs at once is only counted as one.
Answer – There are a few replies to this,
1. This Hadith is now annulled (mansookh) because it is narrated from Hadrat Abdullah ibn Abbas رضی اللہ تعالٰی عنہ whose own verdict (Fatwa) states that three talaaqs given at once equals three (given in the previous chapter). Whenever the practice of a narrator of Hadith goes against his own narration, it is evident that his narration is now inapplicable (mansookh) in his knowledge.
Three talaaqs given at once equaling three was a rule emplaced by Hadrat Umar رضی اللہ تعالٰی عنہ in the presence of the Sahaaba, and practice was then brought upon this ruling. No Sahaabi, not even Hadrat Abdullah ibn Abbas رضی اللہ تعالٰی عنہ objected to it, clearly proving that the Hadith .quoted by the opposition is either annulled or construed (rnuawwal). Can the Sahaaba agree on something contrary to the Hadith?
2. Also, this Hadith is about giving talaaq to a woman with whom intimacy (khalwat) has not been made with yet. Undoubtedly, if a person gives such a wife three talaaqs at once in this manner, “You are given Talaaq. You are given Talaaq. You are given Talaaq.”, only the first will be taken (the rest are meaningless).
Hadrat Abdullah ibn Abbas رضی اللہ تعالٰی عنہ was also once asked by Abus-Sahba, “Don’t you know that in the time of Rasoolullahصلی اللہ علیہ وسلم, Hadrat Abu Bakr رضی اللہ تعالٰی عنہ and in the beginning of Hadrat Umar’s رضی اللہ تعالٰی عنہ Khilaafat, if a person gave his wife three talaaqs, only one was accepted?” He replied, “Yes! If a woman with whom intimacy has not been made with yet is given three talaaqs, only one would be eml’laced.” The Hadith is, “قال ابن عباس بلٰی کان الرجل اذا طلق امراتہ ثلثا قبل ان یدخل بھا حعلوھا واحدۃ الخ” – Abu Dawood, KitaabutTalaaq, Baabu Naskhil-Muraajiah ba’dat-Tatleeqaatilh-Thalaarh
This Hadith explicitly proves that the narration of Muslim is in regards to the above case, and as per our explanation in the introduction, the ruling still applies.
3. In the time of Rasoolullahصلی اللہ علیہ وسلم and Hadrat Abu Bakr Siddique رضی اللہ تعالٰی عنہ, people used to give talaaq in the following manner, “Talaaq is given to you! Talaaq! Talaaq!” with the last two emphasizing the first. In the time of Hadrat Umar رضی اللہ تعالٰی عنہ, the condition of people changed and they began giving three talaaqs with the intention of three. Therefore, the ruling changed due to the change in circumstances. Imam Nawawi رضی اللہ تعالٰی عنہ states, In the time of the Messengerصلی اللہ علیہ وسلم people used to generally intend giving one talaaq, with the second two as emphasis for the first. So, if a person gave three at once without any intention of three, only one was accepted because that was the general condition of people at the time. During the Khilaafat of Hadrat Umar رضی اللہ تعالٰی عنہ however, people generally intended three talaaqs with the three that they gave. As a result, three talaaqs were fixed. The case around the ruling changed, so the ruling itself also changed.” 28.18 –Sharah Muslim, Kitaabut- Talaaq
In the Holy Quran, there are 8 recipients of Zakaat (Kuffaar who are inclined towards Ishm (Mualifatul-Quloob) are also permitted to receive it.) However, in the time of Hadrat Umar رضی اللہ تعالٰی عنہ the Sahaaba agreed (ijmaa) that the recipients of Zakaat should be only 7. Mualifatul-Quloob was removed because, at the time of the Holy Quran being revealed, Muslims were few and weak. So, such Kaafirs were made inclined towards Islam by giving them Zakaat. In the time of Hadrat Umar رضی اللہ تعالٰی عنہ however, neither were Muslims few nor weak, and so giving Zakaat to them was stopped. The ruling changed due to the difference in circumstances, not that the ruling itself was annulled. A person can take Zakaat if he is needy, but can’t when he becomes wealthy. You cannot perform namaaz with impure clothes, but you may read in them when they are cleaned. Today, people give 3 talaaqs with the intention of three. Emphasis is unknown to them. So, how strange that the circumstances change but the ruling doesn’t.
OBJECTION 3: Abdur-Razzuck and Baihaqi narrate from Hadrat Abdullah ibn Abbas رضی اللہ تعالٰی عنہ that Abde-Yazeed Abu-Rukaana gave his wife (Umme-Rukaana) Talaaq. The Holy Prophetصلی اللہ علیہ وسلم said to him, “Take her back (rujoo) from it.” He submitted, “O Prophet of Allahعزوجل [bad given her three talaaqs.” He replied, “Yes, [know, but take her back.” He then recited the following verse, “یاایھا النبی اذا طلقتھم النسآء فطلقوھن لعد تھن”- Tafseer DurreMansoor, Vol. 1, Pg. 279 & Abu Dawood, Vol. 1
The extract of Abu Dawud is, “طلق عبد یزید ابو رکانۃ ام رکانۃ فقال النبی صلی اللہ علیہ وسلم ارجع بامراتک فقال انی طلقتھا ثلثا قال قد علمت ارجعھا وتلا ےٰٓایھا النبی الایۃ”- Baabu Naskltil-Muraajialt, Pg. 299 & Sunan-e-Kubra, Vol. 7, Pg. 339
If three talaaqs given at once causes three to occur, rujoo would have been impossible. Halaala was necessary in such a case, , proving that only one talaaq was fixed as complete while the rest were rejected, even though Abu Rukaana رضی اللہ تعالٰی عنہ himself was saying that be had given three. Here, there, is no possibility of emphasis.
Answer – Unfortunately, the objector only quoted half of the narration of Abu Dawood and Baihaqi. The answer to his objection has been given in the omission a little further down, conveniently forgotten by him, In it, it is further stated that both Naafi ibn Ajeer رضی اللہ تعالٰی عنہ and Abdullah ibn Ali ibn Yazeed ibn Rukaana رضی اللہ تعالٰی عنہ, report from their grandfather, Rukaana, that he had given his wife Talaaq-e-Bataa. This is why the Holy Prophetصلی اللہ علیہ وسلم told him that he may return to her. The Hadith is also more sound (Sahih) than the rest because Rukaana’s son and family members are more informed of his affairs in comparison to others. The grandson of Rukaana states that his grandfather gave his grandmother Talaaq-e-Bataa, whereas others say that he had given three talaaqs. Naturally, the narration of the grandson will be more Sahih. The extract is, “وحدیث نافع ابن عجیر و عبداللہ ابن علی ابن یزید ابن رکانۃ عن ابیہ عن جدہ ان رکانۃ طلق امراتہ البتۃ فردھا النبی صلی اللہ علیہ وسلم اصح لانھم ولد الرجل واھلہ اعلم بہ ان رکانۃ انما طلق امراتہ البتۃ وجعلھا النبی صلی اللہ علیہ وسلم واحدۃ” –Sunan-e-Kubra, Abu Dowood in the same reference
In short, the narrations which speak of three talaaqs are weak (zaeef). In fact, Imam Baihaqi رضی اللہ تعالٰی عنہ also said at this very juncture that there’ are 8 narrations of Hadrat Abdullah ibn Abbas رضی اللہ تعالٰی عنہ himself contrary to them.
If the children of Rukaana narrate that Talaaq-e-Bataa was given, will only one narration of three talaaqs be credible or nine of Talaaq-e-Bataa? The words of Baihaqi are, “وھٰذاالاسناد لاتقوم بہ الحجۃ مع ثمانیۃ وردعن ان عباس فتیاہ بخلاف ذٰلک ومع روایۃ اولاد رکانۃ ان طلاق رکانۃ کانت واحدۃ و باللہ التوفیق”- Sunan-e-Kubra, Vol. 7, Pg. 339
In the first chapter, we already mentioned that Abu Rukaana said to the Prophet “I had intended only one talaaq.” Rasoolullahصلی اللہ علیہ وسلم took an oath from him on this and then gave the order of rujoo. Imam Nawawi رضی اللہ تعالٰی عنہ states that the narration of Abu Rukaana’s three talaaqs is weak and is reported by unknown (majhul) people to the Science of Hadith. The only narration which is Sahih ccnceming this matter is the one which we have narrated (i.e. he had given Talaaq-e-Bataa). The word ‘Bataa’ has the possibility of being either one or three talaaqs. Perhaps the weak narrator thought that Bataa only means three, and so simply said “three” instead, making a severe mistake through this. Imam Nawawi’s رضی اللہ تعالٰی عنہ words are, “واما الروایۃ التی رواھا المخالفون ان رکانۃ طلق ثلثا فجعلھا واحدۃ فروایۃ ضعیفۃ عن قوم مجھولین وانما الصحیح منھا ما قدمناہ انہ طلقھا البتۃ ولفظ البتۃ محتمل للواحدۃ وللثلٰث ولعل صاحب ھٰذا الرویۃ الضعیفۃ اعتقدان لفظ البتۃ یقتضی ثلٓاث فرواہ بالمعنی الذی فھمہ و غلط فی ذٰالک”- Sharah Muslim
OBJECTION 4: Hadrat Abdullah ibn Umar رضی اللہ تعالٰی عنہ once gave his wife three talaaqs at once while she was in menstruation (haiz). The Holy Prophetصلی اللہ علیہ وسلم ruled the three to be one and ordered him to take her back (rujoo). If these three talnaqs truly were counted as three, this would’ve been impossible.
Answer – This is incorrect. The truth is that Hadrat Abdullah ibn Umar رضی اللہ تعالٰی عنہ gave his wife only one talaaq while she was in haiz. Rasoolullahصلی اللہ علیہ وسلم ordered him to take her back because Talaaq should be given in the state of purity (Tohr). The Hadithis, “عن نافع عن عبداللہ انہ طلق امراۃ لہ وھی حائص تطلیقۃ واحدۃ فامرہ رسول اللہ صلی اللہ علیہ وسلم ان یراجع ثم یمسکھا حتّٰی تطھر”- Muslim. Vol. 1, Baabu Tahreemit-Talaaqil-Haaiz
Also, Imam Nawawi رضی اللہ تعالٰی عنہ states, “واما حدیث ابن عمر فالروایات الصحیحۃ التی ذکرھا مسلم وغیرہ انہ طلقھا واحدۃ”- Sharah Muslim, Baabut-Talaaqith-Thalaath
The narration of three talaaqs regarding this divorce of Hadrat Abdullah ibn Umar رضی اللہ تعالٰی عنہ is completely weak (zaeef).
OBJECTION 5: Under the ayat, “الطلاق مرتان” Imam Raazl رضی اللہ تعالٰی عنہ, states, “When giving Shar’j Talaaq, it is Waajib to separate and not join them. This is the explanation of those who have said that giving three talaaqs at once is Haraam.” 28.20 – Tafseer-e-Kabeer, Vol. 2, Pg. 147
This proves that giving three talaaqs at once is not Shar’j Talaaq.
Answer – Who’s disagreeing with this? Indeed, it is necessary to give the talaaqs separately. The point of discussion is: if a person gives all three together out of stupidity, will they occur or not? Where does this extract of Tafseer-e-Kabeer say that the three talaaqs won’t occur? It merely states that doing so is impermissible.
Something being Haraam is one thing and rulings of Shariah being emplaced is completely another. In Ramadaan, to eat during the day is Haraam, but if a person does so, his fast will still be broken. Zina is Haraam, but if someone commits it, Ghusal still becomes Waajib on him. The effect of impermissibility does not have implications on the cause or reasons.
OBJECTION 6: In Imam Raazi رضی اللہ تعالٰی عنہ states, “Many Ulama have adopted the ruling that if someone gives 2 or 3 talaaqs all at once, only one will occur.” 28.21 _ Tafseer-e-Kabeer, Vol. 2, Pg. 247
Thus, according to the general body of the Ulama of Islam, giving three talaaqs at once is equal to only one.
Answer – The objector didn’t mention who this “general body of Ulama” are who have this viewpoint, but we do. These “Ulama” are Ibn Taymia and his Wahabi followers, and this is their muzhab (as per the reference of Tafseer Saawi which we have presented in the first chapter). Allama Saawi رضی اللہ تعالٰی عنہ has written in the same reference that the Ulama have called Ibn Tayrnia and his followers deviant and people who lead others to deviance. Also, the objector didn’t quote the entire quotation of Tafseer-e-Kabeer. The following is also in the extract, “The second ruling is that of Imam Abu Hanifa رضی اللہ تعالٰی عنہ who says that giving three talaaqs at once, even though doing so is prohibited, causes them to occur.” 28.22
Further on, Imam Fakhruddin Raazi رضی اللہ تعالٰی عنہ also writes that the ruling of the A’{rnrna-e-Mujtahideen is that the woman who has been given three talaaqs all at once by her husband is not Halaal for him. – Tafseer-e-Kabeer, Vol. 2, Pg. 268
OBJECTION 7: Reasoning also demands that three talaaqs given together should equal one, because those things which have been commanded to be completed separately but are done together always count as one. Examples of this follow,
Swearing 4 oaths in Liaan (sworn allegation of adultery committed by Ode’s spouse) and stoning the Jamraats seven times in Hajj are both Waajib. If a person says that he swears 4 oaths of Liaan, only one will be accepted and he will need to complete the remaining 3. If someone throws seven pebbles simultaneously against the Jamraat, only one stoning will occur and he will need to finish the remaining 6. Also, if a person vows, “I shall recite 1,000 Duroods,” and then says the following, “O Allahعزوجل Send Durood & Salaam upon Rasoolullahصلی اللہ علیہ وسلم 1,000 times,” this will not be counted as 1,000, but merely as one.
Thus, if a person gives three talaaqs at once, only one should be accepted as complete.
Answer – AlhamduliIlah, you have accepted Deduction (Qiyaas) and have taken the trouble to make it. However, your presumptions are like you. In Liaan and the stoning, the action is the objective, not the result. In Talaaq, the result is the objective, not the action. So your Qiyaas is incorrect.
Every oath of Liaan necessitates one witness. In Zina, 4 witnesses are required. Liaan officiates Zina (i.e. the action of swearing an oath should also be four). Four Liaans with one word equal only one action.
In the stoning of the Jamraats, 7 actions of throwing are required, so it wouldn’t make a difference how many you could throw at once. The Holy Prophetصلی اللہ علیہ وسلم completed the action of throwing seven times. As a result, following him is necessary.
In Durood Sharif, reward is attained relative to strife. When you vow to recite 1,000 Durood Sharifs, you’re actually vowing to make that much amount of effort. Saying “a 1,000 times” definitely doesn’t have the effect of actually reading Durood Sharif 1,000 times. This ruling is different to our discussion. Vows are modeled on general usage (urf). Is talaaq an action of thawaab that more effort in it causes more reward to be attained?
Thus, all of these Objections are weak, baseless and indicative of following the desire of wanting everything to be easy. May Allahعزوجل grant the correct understanding of the Quran and Hadith to those who fashion Islam according to their limited thinking. Aameen.
If giving three talaaqs truly causes only one to be complete but the wife separates from the husband because of them, there will be no wrong doing. However, if by three talaaqs, three are complete and rujoo is made without Halaala, the entire life that will be spent between the couple will be Haraam! To conclude, caution is in accepting three, which is why the Ulama of Usool (Principles of Islamic Jurisprudence) state that when permissibility and prohibition clash, the latter should be preferred.
وصلی اللہ تعالیٰ علیٰ خیر خلقہ ونور عرشہ سیدنا و مولانا محمد والہ و اصحابہ اجمعین برحمتہ وھوارحم الرحمین