Fatwa n° 812

Category: Fatwas about Family - End of the marriage contract - Divorce

The ruling concerning the triple divorce
said at the same time

Question:

What is the ruling concerning the triple divorce said at the same time? May Allah reward you.

Answer:

All praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon whom Allah sent as a mercy to the Worlds, upon his Family, his Companions and his Brothers until the Day of Resurrection:

The triple divorce said at the same time is a question about which many texts have been reported. It is long and complex, and the debate it has generated is very old. The most compelling evidence and the most valid of all what is said about this issue is that triple divorce said in one word or in several (repeated) words at the same time -without being permeated by Raj‘a (revocation)- does not take effect but with a single divorce. This opinion was adopted by Ahl At-Tahqîq (scholars known for their thoroughness in the study of jurisprudential issues) and by Shaykh Al-Islâm Ibn Taymiyya and his disciple Ibn Al-Qayyim, and was judged most valid by Ash-Shawkânî رحمهم الله.

This being said, the strongest evidence on which their standpoint relies is the hadith of Ibn ‘Abbâs رضي الله عنهما, reported in “Sahîh Muslim” and others with a chain of narration all its narrators were Imams (erudite scholars). In this hadith Abû As-Sahbâ’ said to Ibn ‘Abbâs: “Don’t you know that a triple divorce said at the same time was made a single one during the era of the Prophet صلَّى الله عليه وآله وسلَّم, Abû Bakr and in the early days of the Caliphate (succession) of ‘Umar رضي الله عنهما?” He replied: “Yes, I do” ⁽¹⁾. The hadith has different versions and chains of narration. Furthermore, it has clear-cut indication of the fact that the triple divorce at the same time during the era of Allah’s Messenger صلَّى الله عليه وآله وسلَّم and that of Abû Bakr was considered as a single divorce. In addition, this is the most valid ruling concerning the issue as it was clarified by the Messenger of Allah صلَّى الله عليه وآله وسلَّم and there was a broad consensus among the Prophet’s Companions on it. Whereas ‘Umar Ibn Al-Khattâb made it three separate divorces as a punishment because people [during his era] underrated the question of divorce; and there was none who tried to overcome the aforementioned evidence by presenting another compelling evidence.

The perfect knowledge belongs to Allah عزَّ وجلَّ; and our last prayer is all the praises and thanks are to Allah, the Lord of the Worlds, and prayers of Allah are to Muhammad and his Family, Companions and Brothers until the Day of Resurrection.

Algiers, Safar 18^th, 1428 H
Corresponding to March 07^th, 2007 G.