The Argument That the Triple Divorce Pronounced in a Single Phrase Is Considered One Divorce
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother S. A. M. May Allah guide him to all good. Amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
His Eminence Shaykh Dr. Taqi al-Din al-Hilali presented to me the letter addressed to him from you, dated 16/1/1389 AH, and asked me to answer the attached question. I complied with his request in cooperation for righteousness and piety, and out of fear of the consequences of concealing knowledge. The text of the question is: A man divorced his wife in a state of anger and rage, pronouncing three divorces in a single phrase in one sitting. What is the ruling in this case? Is it a revocable divorce or not?
Answer: The answer is: It is established from the Messenger of Allah (peace and blessings be upon him), in the hadith of Ibn 'Abbas (may Allah be pleased with him and his father), that such a divorce is considered one divorce. The ruling was based on this during the lifetime of the Messenger of Allah (peace and blessings be upon him), the caliphate of Abu Bakr al-Siddiq (may Allah be pleased with him), and the first two years of the caliphate of 'Umar (may Allah be pleased with him). However, when 'Umar (may Allah be pleased with him) saw that people were being lax regarding divorce, he ruled that it be counted as three for them, based on his own ijtihad (independent legal reasoning).
Some scholars have issued rulings that if the triple divorce is pronounced in a single phrase, it is considered one divorce, acting in accordance with the aforementioned hadith. This is authentically reported from Ibn 'Abbas (may Allah be pleased with him and his father) in one of the two narrations from him, and from a group of the Salaf (the earliest generations). We issue rulings based on this opinion, acting in accordance with the situation during the time of the Messenger of Allah (peace and blessings be upon him), the time of al-Siddiq (may Allah be pleased with him), and the early part of 'Umar's caliphate; because the evidence supports it, and because it is more lenient for the Muslims, especially given the prevalence of ignorance and the weakness of faith among most of those who divorce. I ask Allah to guide us, you, and the rest of the Muslims to hit the mark of truth in speech and action. He is the best of those asked.
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and the mercy of Allah and His blessings. After that:
His Eminence Shaykh Dr. Taqi al-Din al-Hilali presented to me the letter addressed to him from you, dated 16/1/1389 AH, and asked me to answer the attached question. I complied with his request in cooperation for righteousness and piety, and out of fear of the consequences of concealing knowledge. The text of the question is: A man divorced his wife in a state of anger and rage, pronouncing three divorces in a single phrase in one sitting. What is the ruling in this case? Is it a revocable divorce or not?
Answer: The answer is: It is established from the Messenger of Allah (peace and blessings be upon him), in the hadith of Ibn 'Abbas (may Allah be pleased with him and his father), that such a divorce is considered one divorce. The ruling was based on this during the lifetime of the Messenger of Allah (peace and blessings be upon him), the caliphate of Abu Bakr al-Siddiq (may Allah be pleased with him), and the first two years of the caliphate of 'Umar (may Allah be pleased with him). However, when 'Umar (may Allah be pleased with him) saw that people were being lax regarding divorce, he ruled that it be counted as three for them, based on his own ijtihad (independent legal reasoning).
Some scholars have issued rulings that if the triple divorce is pronounced in a single phrase, it is considered one divorce, acting in accordance with the aforementioned hadith. This is authentically reported from Ibn 'Abbas (may Allah be pleased with him and his father) in one of the two narrations from him, and from a group of the Salaf (the earliest generations). We issue rulings based on this opinion, acting in accordance with the situation during the time of the Messenger of Allah (peace and blessings be upon him), the time of al-Siddiq (may Allah be pleased with him), and the early part of 'Umar's caliphate; because the evidence supports it, and because it is more lenient for the Muslims, especially given the prevalence of ignorance and the weakness of faith among most of those who divorce. I ask Allah to guide us, you, and the rest of the Muslims to hit the mark of truth in speech and action. He is the best of those asked.
And peace be upon you and the mercy of Allah and His blessings.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.