Divorce three talaq: My question is regarding a confusion I have over the affair of Divorce.
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
As-Salaam-Waleykum Brother,My question is regarding a confusion I have over the affair of Divorce. You had mentioned in one of your replies that "if one pronounces three divorces to one’s wife at one time, they will count as three and an irrevocable divorce will be established" But I had recently watched a video where in Dr. Zakir Naik had something else to say on this matter. He mentioned that to complete the proceeding of a divorce there have to take place 3 menstrual cylces, obviously giving references from the Quran. I would really appreciate it if you could clear this confusion of mine. For clarity, I am pasting the link to the video I have mentioned about.
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Answer:
Three divorces
In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.
Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 229-230:
229 A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness. It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).
230 So if a husband divorces his wife (irrevocably or 3rd divorce) he cannot after that remarry her until after she has married another husband and he has divorced her. In that case there is no blame on either of them if they reunite provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah which He makes plain to those who understand.
Sunan of Abu-Dawood Hadith 2189 Narrated by Abu Hurayrah
The Prophet (saws) said: ‘There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final).’
Al-Tirmidhi Hadith 3292 Narrated by Mahmud ibn Labid
When Allah's Messenger (saws) was informed about a man who had divorced his wife, declaring it three times without any interval between them, he (saws) arose in anger and said, "Is a mockery being made of the Book of Allah Who is Great and Glorious, while I am amongst you?" As a result a companion got up and asked, "O Messenger of Allah (saws) shall I kill him?"
The absolute majority of the scholars are of the opinion that if one pronounces three divorces to one’s wife at one time, they will count as three and an absolutely irrevocable divorce will be established in the marriage. That was the ruling of even the noble companions of the Messenger of Allah (saws) of the stature of Hadrat Abdullah ibn Abbas (r.a.) and of Hadrat Abu Hurayrah (r.a.), etc.
Al-Muwatta Hadith 29.37
Yahya related from Malik from Ibn Shihab from Muhammad ibn Abd ar-Rahman ibn Thawban that Muhammad ibn Iyas ibn al-Bukayr said, "A man divorced his wife three times before he had consummated the marriage, and then it seemed good to him to marry her. Therefore, he wanted an opinion, and I went with him to ask Abdullah ibn Abbas and Abu Hurayra on his behalf about it, and they said, 'We do not think that he should marry her until she has married another husband.'
Al-Muwatta Hadith 29.1
Yahya related from Malik that he had heard that a man said to Abdullah ibn Abbas (r.a.), "I have divorced my wife by saying I divorce you a hundred times. What do you think my situation is?" Ibn Abbas (r.a.) said to him, "She was divorced from you by three pronouncements, and by the (other) ninety-seven, you have mocked the Aayat of Allah."
Absolutely regardless of whether the husband declared the divorces in seriousness or in jest, absolutely regardless of whether he was angry or happy, absolutely regardless of whether or not there were any witnesses present…… if the husband has declared three divorce pronouncements upon his wife, an absolutely irrevocable divorce would be deemed established in their marriage in the Sight of Allah Subhanah……and the couple can never ever lawfully remarry again, unless and until the wife marries another person, and her new husband happens to divorce her, or he dies.
There are indeed some scholars who hold a difference of opinion and opine that three divorces declared at one and the same time would constitute as only one pronouncement of divorce. And Allah Alone Knows Best.
If one trusts, obeys, and follows the guidance and commands of Allah and His Messenger (saws), one can be assured of never ever being misled; but if one believes, obeys and follows any other guidance, other than that of Allah and His Messenger (saws), one can be assured of being led astray.
Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is only ones. Allah Alone Knows Best and He is the Only Source of Strength.
Your brothers and well wishers in Islam,
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