The Ruling on Pronouncing Triple Divorce
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We heard from your tapes that the stronger opinion in your view is that pronouncing triple divorce counts as one.But if a man pronounces triple divorce and says: In my intention, it was not for emphasis, but rather I wanted to pronounce the three. Do the three take effect?
If a man says to his wife: You are divorced, you are divorced, you are divorced,And he said: If you intended emphasis, it is one, and I am not aware of any scholarly disagreement on this matter.But if he says: If you intended to establish that each pronouncement is effective, then the majority of scholars hold that it is three, and that the woman is thereby divorced.And the stronger opinion: It is one, due to the generality of the hadith of Ibn Abbas (may Allah be pleased with him), which is established in Sahih Muslim: [Divorce during the time of the Prophet (peace and blessings be upon him), Abu Bakr, and Umar was that pronouncing triple divorce counted as one.So when people became excessive in that, Umar said: I saw that people had hastened in a matter in which they had previously been deliberate, so I will proceed with it for them, and Umar obligated them to count it as three], and the majority of scholars followed him in this.But the correct view is that it is one, whether he said: You are divorced three times, or he said: You are divorced, you are divorced, you are divorced.
If a man says to his wife: You are divorced, you are divorced, you are divorced,And he said: If you intended emphasis, it is one, and I am not aware of any scholarly disagreement on this matter.But if he says: If you intended to establish that each pronouncement is effective, then the majority of scholars hold that it is three, and that the woman is thereby divorced.And the stronger opinion: It is one, due to the generality of the hadith of Ibn Abbas (may Allah be pleased with him), which is established in Sahih Muslim: [Divorce during the time of the Prophet (peace and blessings be upon him), Abu Bakr, and Umar was that pronouncing triple divorce counted as one.So when people became excessive in that, Umar said: I saw that people had hastened in a matter in which they had previously been deliberate, so I will proceed with it for them, and Umar obligated them to count it as three], and the majority of scholars followed him in this.But the correct view is that it is one, whether he said: You are divorced three times, or he said: You are divorced, you are divorced, you are divorced.