The Ruling on Divorcing Three Times in One Instance
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If a man pronounces divorce three times in one instance, is it considered one divorce?
This is if it has actually occurred. I will not give you a general ruling on this; because if we issue a general ruling on this, people will become lax. We wish people would find a strong barrier against this action. In the past, before ijtihad (independent legal reasoning) expanded, if a man said: “If you do such-and-such, you are divorced,” or “If I slaughter, my wife is divorced,” or “I swear to slaughter for you, so I am divorcing you,” they would execute the divorce in all cases, and they would execute the triple divorce even with one word or even with one hamzah (glottal stop). People used to fear this. But, unfortunately, when ijtihad expanded, people played with it. For this reason, from the fiqh (Islamic jurisprudence) of ‘Umar (may Allah be pleased with him), the triple divorce was considered one divorce during the time of the Messenger of Allah (peace and blessings be upon him), during the time of Abu Bakr, and for two years of ‘Umar’s caliphate.The man says to his wife: “You are divorced, you are divorced, you are divorced,”It is said: This is one divorce. He may take her back if he wishes. When ‘Umar saw that people were multiplying in this matter and not fearing Allah—because this is forbidden—The fact that he says: “You are divorced, you are divorced, you are divorced.” This is forbidden and not permissible. When he saw them playing with this matter and falling into it frequently, he obligated them to abide by it.And he said: Any man who divorces his wife three times is prohibited from taking her back. He closed the door as a disciplinary measure for them. It is incumbent upon students of knowledge and muftis (scholars who issue fatwas) to look at the conditions of people. It may be more appropriate for people to be prevented from something that is permissible for them in order to block the means to harm. Therefore, the mufti should be wise in what he rules and should be a teacher to the people.
This is if it has actually occurred. I will not give you a general ruling on this; because if we issue a general ruling on this, people will become lax. We wish people would find a strong barrier against this action. In the past, before ijtihad (independent legal reasoning) expanded, if a man said: “If you do such-and-such, you are divorced,” or “If I slaughter, my wife is divorced,” or “I swear to slaughter for you, so I am divorcing you,” they would execute the divorce in all cases, and they would execute the triple divorce even with one word or even with one hamzah (glottal stop). People used to fear this. But, unfortunately, when ijtihad expanded, people played with it. For this reason, from the fiqh (Islamic jurisprudence) of ‘Umar (may Allah be pleased with him), the triple divorce was considered one divorce during the time of the Messenger of Allah (peace and blessings be upon him), during the time of Abu Bakr, and for two years of ‘Umar’s caliphate.The man says to his wife: “You are divorced, you are divorced, you are divorced,”It is said: This is one divorce. He may take her back if he wishes. When ‘Umar saw that people were multiplying in this matter and not fearing Allah—because this is forbidden—The fact that he says: “You are divorced, you are divorced, you are divorced.” This is forbidden and not permissible. When he saw them playing with this matter and falling into it frequently, he obligated them to abide by it.And he said: Any man who divorces his wife three times is prohibited from taking her back. He closed the door as a disciplinary measure for them. It is incumbent upon students of knowledge and muftis (scholars who issue fatwas) to look at the conditions of people. It may be more appropriate for people to be prevented from something that is permissible for them in order to block the means to harm. Therefore, the mufti should be wise in what he rules and should be a teacher to the people.