3 Talaqs in One Sitting

Q: I pronounced 3 talaqs to my wife whilst I was angry and some Mufti’s have told me my wife is Haram for me now?

A: This is completely incorrect as The Holy Quran tells us how to live our lives as well as how to marry and how to divorce should we really need to.

It is not allowed for a man to say “you are divorced” three times in one sitting, so as to make the divorce irrevocable in one go. This was forbidden in the time of the Prophet and his Companions. If a man was to do that, then he has opposed the Prophet’s Sunnah. And the scholars differ as to whether it is counted as three pronouncements or only one pronouncement of divorce. What is closer to the Sunnah is that it is counted as one divorce and not three. Abu Dawood (no. 1922, authenticated by Al-Albāni) reports that Ibn ‘Abbās (radiyallāhu ‘anhumā) said: “Abu Rukānah divorced Umm Rukānah, so Allah’s Messenger (salallāhu ‘alaihi wassallam) said to him: ‘Take back your wife.’ Abu Rukānah said, ‘But I divorced her with three talāq pronounced [in one sitting].’ The Messenger (salallāhu ‘alaihi wassallam) said, ‘I already know that, take her back.’” In narration reported by Ahmad (no. 2387) and authenticated by Al-Albāni (Al-Irwā, 7/145), Ibn ‘Abbās (radiyallāhu ‘anhumā) said, “Rukānah divorced his wife in one sitting with three pronouncements of talāq. Then he grieved over losing her. So the Messenger of Allah (salallāhu ‘alaihi wassallam) said to him, ‘The three [in one sitting] are considered as one talāq.’”

Below are the verses we are referring to you can click on these links to read the verses of Allah SWT, no man no matter how intelligent he is can refute these. The triple Talaq is called by some Ulama as Talaqe Bidah, (Talaq which has been made up or invented) this is not from the Quran Al Kareem or the Sunnah of the Beloved Prophet Muhammad SAW, the only way we accept Talaq in Islam as valid is done in the way the Quran Al Kareem describes it and explains it, we know that many Muslims today follow the shortcuts but these are not valid in any sense. In fact Islamically they are frowned upon and rejected by Ulama that have studied this subject deeply. Just as in a NIkah we would not accept if someone was to say kabool hai 3 times without witnesses without haq mahr and without anyone to conduct the Nikah, and even if the Qabool hai is said 3 times in one sitting it is considered to be only one nikah yet in Talaq we consider it to be 3, how is this possible.

Allah SWT makes Nikah easy, fornication, Talaq and adultery difficult, we as humans make Talaq & fornication easy but Nikah difficult. This is not Islam.

1. Surah Al Baqarah Verses 226 onwards
2. Surah Talaq Verses 65 onwards
3. Surah Al Baqarah Verse 232
4. Detailed explanation of what is the correct way of Talaq

So for example If the husband pronounced the Talaq on the 1st December 2019, you still have the Iddah period to exhaust, which is 3 menstrual cycles this could be 3 months and 10 days or even 4 months in some cases, if both of you amicably decide to reconcile then here is no Talaq and there is no Nikah needed. If the iddah period has been exhausted then you will need to perform the Nikah again in accordance to Surah Al Baqarah Verse 232. If the talaq is pronounce during the wifes menstrual cycle then again the talaq is invalid and does not count if you have had an intimate relationship before the wife came onto this cycle.

1. There are also 3 pre requisites to consider before pronouncing the Talaq from a husband’s side, and that is if there has been any intimate relations between you, after the last menstrual cycle and before the next one then Talaq even if pronounced is not valid.

   What is innovated divorce?

   If a man divorces his wife during a period of purity in which he has had intercourse with her, this is an innovated divorce (talaq bid‘i) and is haram. The Sunnah way of divorce means issuing one divorce (talaq) during a period of purity in which he has not had intercourse with her, because Allah, may He be exalted, says (interpretation of the meaning):

   “O Prophet (blessings and peace of Allah be upon him)! When you divorce women, divorce them at their Iddah (prescribed periods), and count (accurately) their ‘Iddah (waiting periods).” [at-Talaq 65:1]

   Al-Khatib ash-Sharbini (may Allah have mercy on him) said in his Tafsir (4/310): “That is, at the time when their ‘iddah (waiting period) can properly start.”

   That can only be during a period of purity in which he has not had intercourse with her.

   Does innovated divorce count?

   The fuqaha differed as to whether this innovated divorce (talaq bid‘i) counts as such. The majority are of the view that it does count as such. Some are of the view that it does not count as such, including Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him). He was followed in that by a number of scholars.

   It says in Fatawa al-Lajnah ad-Daimah (20/58): “The innovated divorce (talaq bid‘i) is of several types, such as when the husband divorces his wife during her menses, or nifas (postpartum bleeding), or during a period of purity in which he has had intercourse with her. The correct view is that this does not count as a divorce.”

   Based on that, if you divorced your wife during a period of purity in which you had had intercourse with her, it does not count as such

2. Abdullah ibn Umar narrated: that he had divorced his wife while she was menstruating during the lifetime of Allah’s Messenger (SAW) . Umar bin Al-Khattab asked Allah’s Messenger (SAW) about that. Allah’s Messenger (SAW) said, “Order him (your son) to take her back and keep her till she is clean and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to keep her, he can do so, and if he wishes to divorce her he can divorce her before having sexual intercourse with her; and that is the prescribed period which Allah has fixed for the women meant to be divorced.” (Bukhari 68:1; Muslim 18:3)
3. Second prerequisite of Talaq is 2 witnesses.

Then when they have almost˺ reached the end of their waiting period, either retain them honourably or separate from them honourably. And call two of your reliable men to witness either way and let the witnesses bear true testimony for the sake of Allah SWT. This is enjoined on whoever has Imaan in Allah and the Last Day. And whoever is mindful of Allah, He will make a way out for them, Qura’n 65:2

I pray to Allah SWT that he makes it easy for you and your family and that we all become more practical Muslims that follow the proper teachings of Islam by truly following the greatest Man to have walked the earth, Nabi Sallalla hu Allahi wasalam. Ameen Ya Rabbul Allameen.

Please do watch the videos below:

There is also this video please watch them carefully insh Allah for someone who has studied Divorce in a lot of detail

Please do let email us if you need any clarification with this.

SCHOOLS OF THOUGHT

Just to clarify Nabi SAW was not Hanifi nor was he Shaffii or Mailki or Humbli, he was not even Sunni, these schools of jurors prudence are proving the diversity in Islam and shows us that Islam is not as rigid as some people claim, all these jurists debated on items of permissibility and not on items which are haram, as it is Allah SWT who makes something Haram not man, therefore we at the Sharia Council follow the ruling of sharia set out in Islam and not by any particular scholar and hence we have many scholars on our panel who have studied in detail the 4 imams and their findings from the Quran and the life of Nabi SAW, all of our panellists agree on the above unanimously.

Jazakh Allah Khairun