The issue of divorce using the phrase "three times"?

The Shaykh : Divorce using the phrase "three times" is a problem that Muslims have lived with for many long centuries up to the present day. Until about ten or twenty years ago, the Shari'ah courts in all Islamic countries, when a person would come to ask for a ruling saying, "I told my wife, 'You are divorced three times,'" would tell him: "You are divorced from her with a final divorce, so she is not lawful to you again until she marries another husband." Now, and for about twenty years, this ruling has been abolished, and the statement of the divorcer to his wife, "I have divorced you three times" or "You are divorced three times," is now considered only one divorce. What did they do? They returned to the Sunnah by which 'Umar used to rule for half of his caliphate, until he then came to a different opinion. And here is the point: he said, "I see that people have hastened in a matter in which they had leeway, so I see that I should compel them." Then he came to this opinion and enforced upon them that whoever divorces his wife three times in one session with one phrase, it is counted as three against him, so she is not lawful to him again until she marries another husband. And he himself had previously ruled by his own ijtihad according to what the matter was in the time of the Messenger of Allah (peace and blessings be upon him) and in the time of Abu Bakr al-Siddiq for about two and a half years, and for half of 'Umar's own caliphate, until he then came to this opinion and this ijtihad, and made divorce using the phrase "three times" count as three.
The problem is that the authentic, original Sunnah became a thing of the past, and 'Umar's ijtihad took its place until about twenty years ago, as we said. And no one used to issue rulings based on the previous Sunnah except individuals in the Islamic world from the "strangers" (al-Ghuraba') about whom our Messenger (peace and blessings be upon him) said: They asked: "Who are they, O Messenger of Allah?" There are two established answers from him (peace be upon him): The first is: And the second answer is: He said:
'Umar ibn al-Khattab (may Allah be pleased with him) saw that people were hastening to play with divorce, which Allah made three in the explicit text of the Noble Qur'an, where each divorce entails either retention or execution, meaning release. So Allah the Exalted and Majestic said: Divorce is twice, so either retention with kindness in each divorce, or release with kindness. So the one who says, "You are divorced three times," where is the retention with kindness or the release with kindness? They hastened in a matter in which they had patience, as came from 'Umar (may Allah be pleased with him). So 'Umar, the point is, exerted this ijtihad from the perspective of ta'zir (discretionary punishment). And the jurists speak of ta'zir, and they allow the Imam, especially if he is like 'Umar and 'Uthman, to exert ijtihad because they are truly qualified for ijtihad. But with time, the problem was inverted. What 'Umar intended was for people to stop violating the Sunnah, which is that he divorces her, then retains her, takes her back, or releases her with kindness, one divorce at a time. He wanted them, when they saw this punishment, to return to the Sunnah which they had left and turned away from. And the Sunnah, with time, due to the heedlessness of Muslims, became forgotten, and 'Umar's temporal ijtihad took the place of that Sunnah, except for individuals among the scholars of Muslims in all eras and centuries, the first of whom, for example, was Ibn 'Abbas.
Ibn 'Abbas used to narrate from the Prophet (peace and blessings be upon him) the hadith which is the basis of this ijtihad that the jurists of the present era and the previous jurists who contradicted what Muslims had practiced relied upon. Their basis was the hadith of Ibn 'Abbas, who said: So regarding 'Umar's ijtihad, it is not said that he erred, as it is said regarding 'Uthman that he erred. Rather, the one who erred is the one who took the ijtihad of this one and that one as an established Sunnah, and that Sunnah became forgotten, as we mentioned. This is what I think serves as an answer. It is not anomalous for one to hold fast to the Sunnah and contradict the majority of people. Rather, the anomalous one is the one who departs from what Muslims who hold fast to the Book of Allah and the Sunnah of the Messenger of Allah (peace and blessings be upon him) are upon. Please.

The questioner : What is the duration, from the maximum limit...?

The Shaykh : If you please, hold your question until we see the brother here regarding the topic of ijma' (scholarly consensus), and then we will finish so that we can answer the subsequent branching questions.

The questioner : There are people who say, from the perspective of riddah (apostasy), that I attended a lesson with them, and they say that Ibn Taymiyyah... and we touched upon the matter of divorce. They say that whoever contradicts the Imams in the ijma' of the Ummah has committed kufr (disbelief). So they declare Ibn Taymiyyah a disbeliever in this.
The questioner : issue?

The Shaykh : No, no one says this, may Allah reward you.

The questioner : I say that I sat in a gathering...

The Shaykh : It is fine, you sit in gatherings and hear all sorts of things, and I... but I say that no one among the scholars of Muslims says that whoever contradicts the four Imams has committed kufr.

The questioner : Is there no example of a consensus that whoever disagrees with them has committed disbelief?

The Shaykh : Therefore, I tell you that no one says this. As for if you mean some people who say this in this time, then wait for Rajab and you will see wonders.