Sunday Surkhi- Teen Talaq Contd.

 Before discussion let me first give names and significance of various types of Talaq
1. Talaq Ruja'i    طلاق رجعی 
  This is divorce pronounced in which during Iddat one husband can re-establish the matrimonial bond without new nikah AND after Iddat can re-establish the bond with a new Nikah.
2. Talaq Ghair Ruja'i    طلاق غیر رجعی
  This is a divorce pronounced after which the husband hs no option available to rejoin his wife during Iddat (the three periods time)
 This is called Talaq Baa-in  طلاق بائن
The other talaq which can be called Ghair ruja'i is the third talaq or when (acceptable) three talaqs are pronounced in one sitting which is called Talaq Mughalliza طلاق مغلّظہ which would be absolute Talaq and the husband cannot get back to his wife without halala., So both the three talaqs pronounced at three different times as well ass pronounced all three at one time can be called Ghair Ruja'i, though in fact these are more than ghair ruja'i.
Now back to the question of three talaqs pronounced at one time


The story is given like this.
 From the time of the prophet to the first two years time of Umar RA (As Khalifa)
 the three Talaqs (Mughalliza, given in one sitting) were considered one talaq. (This is a sweeping statement because there is no doubt that some times the three talaqs were accepted as three-irrevocable and ghair ruja'i). Anyway Umar RA felt that people are getting away with three talaqs as one whenever anybody wants to and they have become hasty and careless so why not take ALL Talaq Mughalliza as three talaqs and stop counting them as ONE.
 He proposed that to the Sahaba and ALL AGREED and so he went ahead and made the decision of counting Talaq Mughalliza as three talaqs (which would require a halala to get back his wife).
 This then became an "IJMA'A" and therefore binding for the rest of the Muslims to follow.
All four sections Mazdaheb Imams agree with that and nobody questions.
 However those who do not follow ANY IMAM and call themselves Ahl-e-Hadeeth or Ghair Muqallid
غیر مقلّدThey say that this interpretation was done by Umar and they do not follow him or any imam so they go back to the prophet's decision which makes it easy for the persons to declare three talaqs and still have the option for Rujooa رجوعavailable to them. 
 So let me take up this question and cite examples of the prophet SAWS
 One hadeeth is that of 'Rukanah'(Briefly)
Rukana Bin Yazeed RA narrates that he divorced his wife Suhaima with Tallaqa al-Battata  --طلقہ البتّتہ 
 and then told the prophet who asked him to swear upon Allah that he actually meant only one talaq and he said yes by God I meant only one and that was treated as Baa-in and the prophet gave him permission to re marry without Halala.
In those days this "al-Battata" was used in place of three talaqs or talaq Baa-in and therefore the prophet allowed it as Baain, after making sure the person did not mean three talaqs.
 Next is hadeeth of Uwaimer  Al-Ajlani عویمر العجلانی رضی اللہ عنہ
Briefly; This man made "Liaan"  -لعان-with his wife and before the prophet told him anything he pronounced three talaqs to his wife in the presence of the prophet and he accepted it as final irrevocable talaq .
 Another hadeeth (from Saheeh Bokhari quoted in Maarif-ul-Qur'an page 563 Ist vol.) Ayesha RA reports that "A man pronounced three talaqs to one woman who then afterwards married another man who also divorced her. Now would her previous husband make the matrimonial bond with her again?
 The prophet said NO, not unless it is made sure that the second husband has been in bed with her.
I have given these examples for you to make your judgment. One more hadeeth I quote from Nawawi's forty hadeeth (this is #28)
 From Ibn Sariya RA "...........We said O messanger of Allah it is as though this is farewell sermon so counsel us, he said; I counsel you to fear Allah and to give absolute obedience even if a slave becomes your leader. Verily he among you who lives long, will see great controversy, so you keep to my sunnah and to the sunnah of the rightly guided Khulafa clinging to them stubbornly............."
 That is the reason why when Umar RA makes a decision AND ALL AGREE with him it is considered as good as Sunnah of the prophet. After all-- and mark this point-- He was not making his "own" decision (some have sort of accused him)but a decision based on the precedence of the prophet's decisions and the well-known companions were still there who had known such decisions of the prophet SAWS and that is why that was NOT considered something new being introduced by Umar RA 
 Now I am ready to make my final discussion on this subject .

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