“TALAQ! — TALAQ! — TALAQ!” (Is divorce final?)
Question: What if someone says the word "Talaq" (I divorce you) three times, is it still a legal divorce?
— First my comment: Surah 65 in Quran is called “At-Talaq” (divorce). Divorce is very serious in Islam and not something to quickly pronounce. It takes place in several ways by both the husband and the wife. These are called “Talaq”, khul, oaths and a judicial divorce and these can vary depending on the place, time and situations.
Answer: Allahu 'Alim, Allah is the All-Knower. However, in the collection of hadith called “Bulugh al-Maram" a sahih hadith says someone came to Prophet Muhammad, salallahu alayhi was sallem, and said a person gave all three "talaqs" at one time, and requested if it was still a real divorce. The answer was, "Yes. But he is not one of us."
This could mean the person asking wanted to know if the divorce is still legal, or if someone who is not Muslim can do the three times "Talaq" at one sitting. However, most scholars want to know more about the intention at the time, and whether or not the person doing it knew the proper way to divorce.
This is very serious and should be taken to a scholar who understands the full situation, the conditions and the man and wife, so he can give the right judgment.
So, again - Allahu 'Alim. But definitely, I would tell anyone not to do this.
Detailed answer from scholars in today’s world —
Al Hamdulillah Rabbil Alameen. Allahu ‘Alim. Indeed, Allah is the All-Knowing.
Scholars, even today have different views of the ruling of one who says, “I divorce you” three times, all at once.
Some scholars believe this only represents one time, although it was pronounced three times at once.
They say it is only one occasion and the husband may take her back, if her ‘iddah has not yet ended. However, if the ‘iddah has ended, they say she is allowed marry him with a new marriage contract.
Their evidence is quoted from a report narrated in Sahih Muslim, from ibn ‘Abbas, radiallahu anhu, who said, “At the time of the Messenger of Allah (peace and blessings of Allah be upon him), the time of Abu Bakr, radiallahu anhu and the first two years of the caliphate of ‘Umar , radiallahu anhu, a threefold divorce was counted as one.
‘Umar said: “People are being hasty with regard to a matter in which they should not rush. Let us count it as three and judge between people accordingly .” According to another report narrated by Muslim: Abu Sahba’ said to Ibn ‘Abbas, radiallahu anhum: “Was not three counted as one at the time of the Messenger of Allah (peace and blessings of Allah be upon him) and the time of Abu Bakr , radiallahu anhu and the first three years of the time of ‘Umar , radiallahu anhu?” He said: “Yes,”
They also quote as evidence the report narrated by Imam Ahmad in al-Musnad with an isnad from Ibn ‘Abbas , radiallahu anhu, that Abu Rakanah divorced his wife by saying “I divorce you thrice”, then he regretted it, so the Prophet (peace and blessings of Allah be upon him) returned her to him with one word and said, “This is only one (divorce).” This hadith and the one before it are to be understood as referring to divorcing by saying “I divorce you thrice”, in order to reconcile these two hadiths and the verse in which Allah says (interpretation of the meaning):
“The divorce is twice”
[al-Baqarah 2:229]
“And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allah. These are the limits of Allah, which He makes plain for the people who have knowledge”
[al-Baqarah 2:230]
This was the view of Ibn ‘Abbas , radiallahu anhu according to a sahih report narrated from him; according to the other report narrated from him he shared the view of the majority. The view this should be regarded as only one divorce was narrated from ‘Ali, ‘Abd al-Rahman ibn ‘Awf and Zubair ibn al-‘Awam , radiallahu anhum).
This was also the view of a number of the tabi’een, Muhammad ibn Ishaq the author of al-Seerah, and a number of the earlier and later scholars. It was also the view favored by Shaykh al-Islam Ibn Taymiyyah and his student Ibn al-Qayim, rahmatullah anhum. This follows all of the texts, and it is also more merciful and kind to the Muslims.
Fatawa Islamiyah, 3/281, 282.
The (above) Qadi was also of this view, of threefold divorce counts as one divorce. Based on this there is nothing wrong with taking her back.
But after the ‘iddah is over you cannot take her back, rather you have to make a new marriage contract with her.
With regard to taking her back after the ‘iddah is over – i.e., after three menstrual cycles – this is not valid, because once a woman’s ‘iddah is completed she becomes a “stranger” for her husband and she is not permissible for him except with a new marriage contract.
Fatawa Islamiyah, 3/293
And Allah knows best.
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