What is the ruling on pronouncing triple divorce in a single session?
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The questioner : They say: regarding triple divorce in one place and at one time; do you hold that it is valid, or do you hold that only one divorce takes place? Is the divorce like the view of the majority, where you hold that three divorces take place, or only one?
The Shaykh : Yes, regarding pronouncing triple divorce in a single session, the Sunnah is explicit that this divorce is considered one divorce. Some people in this time have turned to this reality, not because of their scientific research free from sectarian bias, but because they observed the many problems that occur between spouses simply because a husband divorced his wife with the phrase of triple divorce in a single session. They saw that these problems could be alleviated by adopting the old opinion practiced by Ibn Taymiyyah and Ibn al-Qayyim al-Jawziyyah (may Allah have mercy on them). It was obligatory for them to argue for this not by the claimed public benefit, but because the Sunnah was thus in the time of the Messenger (peace and blessings be upon him), in the time of Abu Bakr, and for a portion of the caliphate of 'Umar, the pronouncement of triple divorce was one divorce. Then 'Umar saw that he should enforce it as three upon them as a punishment for them, because they had opposed the Sunnah—the Sunnah of divorce—because Allah (Mighty and Majestic) says:[Al-Baqarah 2:229]; meaning: in every divorce, there is either retention in kindness or release with honor. Therefore, the one who combines the three divorces has forbidden himself this respite that Allah prescribed for His servants in His saying: [Al-Baqarah 2:229]. And so 'Umar said: "If only we had enforced it upon them as three," and he did so (may Allah be pleased with him). This was an exercise of independent legal reasoning on his part that was not to be faulted in his time.
This is sufficient, for the time has ended, so they departed with guidance.
The Shaykh : Yes, regarding pronouncing triple divorce in a single session, the Sunnah is explicit that this divorce is considered one divorce. Some people in this time have turned to this reality, not because of their scientific research free from sectarian bias, but because they observed the many problems that occur between spouses simply because a husband divorced his wife with the phrase of triple divorce in a single session. They saw that these problems could be alleviated by adopting the old opinion practiced by Ibn Taymiyyah and Ibn al-Qayyim al-Jawziyyah (may Allah have mercy on them). It was obligatory for them to argue for this not by the claimed public benefit, but because the Sunnah was thus in the time of the Messenger (peace and blessings be upon him), in the time of Abu Bakr, and for a portion of the caliphate of 'Umar, the pronouncement of triple divorce was one divorce. Then 'Umar saw that he should enforce it as three upon them as a punishment for them, because they had opposed the Sunnah—the Sunnah of divorce—because Allah (Mighty and Majestic) says:
Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment.
الطلاق مرتان فإمساك بمعروف أو تسريح بإحسانeither keep [her] in an acceptable manner or release [her] with good treatment
فإمساك بمعروف أو تسريح بإحسانThis is sufficient, for the time has ended, so they departed with guidance.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
