There was a quarrel between husband and wife, Husband pronounced continuously 3 times Talaq,Talaq,Talaq.Please let us know in the light of Quran and Hadith whether this is considered as 1st talaq or Total Talaq?

asked 21 Zuleka's gravatar image
edited May 04 '12 at 13:15 NesreenA ♦ 199722 NesreenA's gravatar image

Ibn taimeiah and al qaiem, considered that the three talak who you say once as only one talak. They said that it is a must to be separated talak in separated days.... But caliphaOmar considered them as three as in that time people said talak alot like a game so Omar did this to warn them...... But we follow the first opinion, ibn taimeia and al qaiem. And scolars says that it is the best openion. So it considered as one talak. Wa Allah a3lam

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answered 871625 lumisho's gravatar image

Which scholars say this is the best opinion.... Only salafi scholars right ? What about Usman , ALi , Aisha , Ibn Abbas , Ibn Masud, zayd bint thabit , urwa bin zubayr [and many other sahabis, Allah be please with all of them] all agreed with 3 divorced count as 3... Later on Abu Hanifa, Al-Shafi'ee , Malik , Ahmad bin Hambal ,Sufyan at thauri, Ibn Hajr, Imam Nawawi all believe 3 in one sitting as 3... If you think modern day Saudi scholars view are more correct and people of first 3 generations were wrong , then I cant help.... Wassalaam....

(Jan 11 at 12:33) Ahmadomar Ahmadomar's gravatar image

The rules for Talaq vary among the major Islamic schools of “thought” and sects have different rules for performing a Talaq. The Holy Quran clearly views the double or triple Talaq as a jahiliyya (“pagan custom”), forbidden by the beloved Prophet Muhammad Sallallahu Alahi Wa’salaam. "Divorce is two times: then one may retain with goodness (and reasonable terms), or let go with goodness (and reasonable terms." [2:229] I am not sure what you mean by 1st talaq but during the first 3 months the woman is not allowed to marry another and in this time period the husband can take her back however if the time lapses and he lets her go, she is considered divorced and can marry another.

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answered 45215 Mim4040's gravatar image

Abu al-Sahba' said to Ibn 'Abbas: Enlighten us with your information whether the three divorces (pronounced at one and the same time) were not treated as one during the lifetime of Allah's Messenger (may peace be upon him) and Abu Bakr. He said: It was in fact so, but when during the caliphate of 'Umar (Allah be pleased with him) people began to pronounce divorce frequently, he allowed them to do so (to treat pronouncements of three divorces in a single breath as one). (Sahih Muslim, 9:3493)

The sunnah of the prophet was to treat the triple-talaq as a single talaq. The practice of treating the triple-talaq as a complete and irrevokable divorce was introduced by Umar during his caliphate, in order to prevent people from treating divorce lightly.

For more detail, see the answer to this question.

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answered 295215 goldPseudo's gravatar image

Dear sister , sorry to hear about your situation but 3 divorce amongst majority of scholars opinion is treated as 3 and not one and hence marriage is over.... Muwatta of Imam Malik : " Book 29: Divorce SECTION 1: The 'Irrevocable' Divorce Book 29, Number 29.1.1: Yahya related to me from Malik that he had heard that a man said to Abdullah ibn Abbas, "I have divorced my wife by saying I divorce you a hundred times. What do you think my situation is?" Ibn Abbas said to him, "She was divorced from you by three pronouncements, and by the ninety−seven, you have mocked the ayat of Allah." Book 29, Number 29.1.2: Yahya related to me from Malik that he had heard that a man came to Abdullah ibn Masud and said, "I have divorced my wife by saying I divorce you eight times." Ibn Masud said to him, "What have people told you?" He replied, "I have been told that I have to part absolutely from her." Ibn Masud said, "They have spoken the truth. A person who divorces as Allah has commanded, Allah makes it clear for him, and a person who obscures himself in error, we make stay by his error. So do not confuse yourselves and pull us into your confusion. It is as they have said."

Book 29, Number 29.1.4: Yahya related to me from Malik from Ibn Shihab that Marwan ibn al−Hakam decided that if someone made three pronouncements of divorce, he had divorced his wife irrevocably. Malik said, "That is what I like best of what I have heard on the subject."

And Allah knows best

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answered 804 Ahmadomar's gravatar image
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Asked: May 04 '12 at 11:48

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Last updated: Jan 11 at 18:31


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