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Friday, October 01, 2010

Jum'ah Journal--Three Talaq

Ibn Umar RA narrated:
Rasool-ul-Allah SAWS said,
"Among the halal things the most despised by God is divorce" Abu Dawood and Ibn Majah, considered it saheeh.
I have hesitated writing about this for a long time and on the other hand I have wanted to write about it for a long time. Yes, I come across this subject every now and again and always I find that we are always making mistakes because of lack of knowledge about this subject.
 Generally speaking, the notion exists that a Muslim man should say three talaqs when divorcing his wife and this is utterly wrong.
  From Mahmood Ibn Labeed RA, who said:Rasool-ul-Allah was informed that someone divorced his wife saying three times Talaq in one sitting. He got furious and stood up to say--Are people playing with the Book of Allah while I am still alive amongst you?--On that one man stood up and said--Shall I not kill him Ya Rasool-ul-Allah ?
Well I will be writing more about this before I write the Hadeeth that advises the proper way of divorcing (one time and three times)
 From the above hadeeth of Ibn Labeed, it looks like that it is haram (prohibited) to say three times divorce in one sitting. However here it does not indictae whether this was considered ONE talaq or was considered three talaq about which the Qur'an Says

"A divorce is permissible only 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..........." (Aya 229
"So, if a husband divorces his wife (Irrevocably; that is third time),He cannot after that remarry her until after she married another husband and he divorced her.   .........." (Aya 230--of sura Baqara)

This is the "three talaq" which is allowed by Allah (though not liked) that is one and remarry her, then second and remarry her and THEN the third time pronouncing the final or irrevocable talaq after which you cannot remarry her
So pronouncing three talaqs in one sitting is disapproved but ACCEPTED as the final irrevocable talaq which makes a husband and wife to get married for the fourth time ONLY IF that wife has been married and divorced by ANOTHER HUSBAND. (Or if he dies) This is called "halala" and is very much despised, not allowed if that is "arranged" by the man for his 4th time
  This particular question was admirably dealt with in the old Indian Movie called "Nikah"
 There are two positions about the three talaqs pronounced in one sitting, one of which is accepted as correct the other as not correct according to ( my thinking) ALL FOUR IMAMS as well as many well-known Sahaba and their followers and the followers of the followers.
 Those who call themselves "ahl-hadeeth" or call themselves Ghair muqallad" (Not following ANY IMAM) consider it wrong to accept the three talaqs as final irrevocable talaq necessitating a halala but are of the opinion that such 'three talaqs" pronounced in one sitting equal to only one talaq.(I guess that is the reason for that erroneous notion among Muslims)
. Let me first state the position of all four Imams which is based on sunnah and Ijama'a. How that Ijam'a came into being requires another note so will write next time insha-Allah. I am hoping that so far what has been written is clearly understandable but would answer any questions 

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