Is the triple divorce considered a single divorce if the intention is to effect the triple divorce rather than to emphasize?

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The questioner : Peace be upon you.

The Shaykh : And upon you peace.

The questioner : O Shaykh, we heard from your tapes that the stronger opinion in your view regarding the triple divorce is that it counts as one, yes?

The Shaykh : Yes.

The questioner : But if a man divorces his wife three times and says: "My intention is not for emphasis, but I want to effect the three divorces," do the three take effect?

The Shaykh : If a man says to his wife: "You are divorced, you are divorced, you are divorced," and says: "I intended emphasis," then it is one, and I am not aware of any scholarly disagreement on this. But if he says: "I intended to establish it, and that each divorce is effective," then the majority of scholars hold that it is three and that the woman is thereby divorced. The stronger opinion is that it is one, due to the generality of the hadith of Ibn 'Abbas (may Allah be pleased with him) established in Sahih Muslim:

Divorce during the time of the Prophet (peace and blessings be upon him), the time of Abu Bakr, and the time of 'Umar was that the triple divorce counted as one. When people began to rush into this matter, 'Umar said: "I see that people have hastened in a matter in which they used to be patient. So I will implement it for them." Thus, 'Umar obligated them to count it as three.

كان الطلاق في عهد النبي صلى الله عليه وسلم وعهد أبي بكر وعمر طلاق الثلاث واحدة، فلما أكثر الناس في ذلك قال عمر: أرى الناس قد تعجلوا في أمر كانت لهم فيه أناة، فلأمضينه عليهم فألزمهم عمر بالثلاث

, and the majority of scholars followed him on this. However, the correct view is that it is one, whether he said: "You are divorced three times," or said: "You are divorced, you are divorced, you are divorced."

Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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