The consensus of those who say that the triple divorce takes effect as three.
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The Shaykh : This is a matter in the principles of jurisprudence where consensus is claimed, or the majority, even though the original consensus is established. It is similar to the claim of those who say: "The scholars agreed that the triple divorce is three, and the woman is thereby divorced." This is an error, because if they claim this consensus, we say:
First: We do not accept it, because some of the later scholars differed.
Second: We say there is an older consensus prior to this. When? In the era of the Prophet (peace and blessings be upon him), the era of Abu Bakr, and two years of the caliphate of 'Umar. All the people considered the triple divorce as one. That is, if a man says to his wife, "You are divorced, you are divorced, you are divorced," or "You are divorced, divorced, divorced," or "You are divorced three times," they considered it one. In fact, even if he said, "You are divorced twice," it would be one, because no person has the right to change the ruling of Allah merely by his own wording. Some of them claimed that the divorce results in the woman being divorced even if it was in one session. Those who dispute with them said: "Rather, the consensus is with us. We are more entitled to the consensus than you, because two eras and part of a third have passed: the era of the Prophet (peace and blessings be upon him), the era of Abu Bakr, and two years of the caliphate of 'Umar. Then 'Umar (may Allah be pleased with him) clarified his independent legal reasoning and the aspect of his reasoning, which was that people had become lax in this matter, they had rushed into it, and it had become widespread among them. So he wanted to discipline them by preventing them from taking back their wives. This is similar to if people today were to almost agree that the correct school of jurisprudence is the Ash'ari school. We would say: This is an error. Rather, the Muslim community agreed prior to this event on what the Salaf held. Then we say, and yes, what remains with us?
First: We do not accept it, because some of the later scholars differed.
Second: We say there is an older consensus prior to this. When? In the era of the Prophet (peace and blessings be upon him), the era of Abu Bakr, and two years of the caliphate of 'Umar. All the people considered the triple divorce as one. That is, if a man says to his wife, "You are divorced, you are divorced, you are divorced," or "You are divorced, divorced, divorced," or "You are divorced three times," they considered it one. In fact, even if he said, "You are divorced twice," it would be one, because no person has the right to change the ruling of Allah merely by his own wording. Some of them claimed that the divorce results in the woman being divorced even if it was in one session. Those who dispute with them said: "Rather, the consensus is with us. We are more entitled to the consensus than you, because two eras and part of a third have passed: the era of the Prophet (peace and blessings be upon him), the era of Abu Bakr, and two years of the caliphate of 'Umar. Then 'Umar (may Allah be pleased with him) clarified his independent legal reasoning and the aspect of his reasoning, which was that people had become lax in this matter, they had rushed into it, and it had become widespread among them. So he wanted to discipline them by preventing them from taking back their wives. This is similar to if people today were to almost agree that the correct school of jurisprudence is the Ash'ari school. We would say: This is an error. Rather, the Muslim community agreed prior to this event on what the Salaf held. Then we say, and yes, what remains with us?