Is a divorce pronounced three times in a single phrase not considered three divorces?
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The questioner : ...the occurrence of a triple divorce in a single phrase... it remains that it does not occur...
The Shaykh : By analogy, it does not occur, just as if a man sold a sa' for two sa' with a difference in quality, the correct view is that the sale is invalid, and we do not say, as some scholars have said, that only the excess is invalid. Some scholars say that only the excess is invalid, but we say that the entire sale is invalid because the hadith is explicit that a triple divorce in the time of the Messenger of Allah (peace and blessings be upon him) was one divorce. For this reason, only the Rafidah hold the view that a triple divorce is null and void. The Rafidah say that if a man divorces three times, there is no divorce, neither one nor three. This is what analogy requires, but since the Sunnah has come to state that it is one, we have no choice but to follow it. Yes, Khalid?
The Shaykh : By analogy, it does not occur, just as if a man sold a sa' for two sa' with a difference in quality, the correct view is that the sale is invalid, and we do not say, as some scholars have said, that only the excess is invalid. Some scholars say that only the excess is invalid, but we say that the entire sale is invalid because the hadith is explicit that a triple divorce in the time of the Messenger of Allah (peace and blessings be upon him) was one divorce. For this reason, only the Rafidah hold the view that a triple divorce is null and void. The Rafidah say that if a man divorces three times, there is no divorce, neither one nor three. This is what analogy requires, but since the Sunnah has come to state that it is one, we have no choice but to follow it. Yes, Khalid?
