وَالدَّليلُ عَلَى مَا نَقُولُهُ إِجْمَاع الصَّحَابَةِ ... وَلَا مُخَالِف لِهُمْ .Whilst an eighth-century of Hirah group of scholars objected, arguing triple talaq in one sitting counted as one talqah (revocable divorce), their evidences were either weak, limited, misunderstood or issued by unreliable scholars.
"The evidence for what we say is the ijma of the companions … and there is not anyone disagreed with them." (Baji, al-Muntaqa, Vol. 4, p. 4)
الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍThey interpreted the word (مرتان - two times or twice) as two separate times (دُفَعَات) and so the triple talaq is counted as one batch (duf'ah). (Shawkani, Nayl al-Awtar, Vol. 6, p. 274)
"Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment." (Qur'an 2:229)
أما الصحابة الذين نقل عنهم هذا القول، فلم أعثر على نقل مسند عن أحد منهم إلا عن ابن عباس نقله عنه أبو داود من رواية طاوس، وهي رواية انفرد بها طاوس مخالفًا بذلك بقية أصحاب ابن عباس الذين نقلوا عنه هذا القول بما يوافق الجمهور، فهي على هذه الرواية شاذة، ولو سلمت من الشذوذ فإن ما جاء فيها هو رأي قديم لابن عباس صح رجوعه عنه.
"For the companions who were quoted saying this opinion, I did not found any musnad (with full sound chain of narrators) narration from them except from ibn Abbas reported by Abu Dawood on the authority of Tawoos.
But this is a narration only reported by Tawoos contradicts the rest of the students of ibn Abbas (ra) who narrated his view that matches with the view of the majority of scholars (triple talaq is an irrevocable divorce). So, it is a shadh narration; if it was not a shadh narration, it would be an old view of ibn Abbas whom he gave up (as narrated in) sound (narrations)." (Hashim Jameel, Fiqh Sa'eed ibn al-Musayb, Vol. 3, p. 319)
ابْنِ عَبَّاسٍ، قَالَ كَانَ الطَّلاَقُ عَلَى عَهْدِ رَسُولِ اللَّهِ صلى الله عليه وسلم وَأَبِي بَكْرٍ وَسَنَتَيْنِ مِنْ خِلاَفَةِ عُمَرَ طَلاَقُ الثَّلاَثِ وَاحِدَةً فَقَالَ عُمَرُ بْنُ الْخَطَّابِ إِنَّ النَّاسَ قَدِ اسْتَعْجَلُوا فِي أَمْرٍ قَدْ كَانَتْ لَهُمْ فِيهِ أَنَاةٌ فَلَوْ أَمْضَيْنَاهُ عَلَيْهِمْ . فَأَمْضَاهُ عَلَيْهِمAdherents of the view of triple talaq counted as one talqah argue this means the stance in the time of the Prophet (saw) and Abu Bakr (ra) was the triple talaq is only counted as one talqah but Umar (ra) changed it as people underestimated it and so it was forced upon them to be counted as three. (Shawkani, Nayl al-Awtar, Vol. 6, p. 278)
"Ibn 'Abbas (Allah be pleased with them) reported that the (pronouncement) of three divorces during the lifetime of Allah's Messenger (saw) and that of Abu Bakr and two years of the caliphate of Umar (ra) (was treated) as one. But Umar b. Khattab (ra) said:
Verily the people have begun to hasten in the matter in which they are required to observe respite. So if we had imposed this upon them, and he imposed it upon them." (Sahih Muslim 1472)
الناس استعجلوا في أمر كانت لهم فيه أناهSo, the nature and the custom of people had changed. The same explanation was also noted by the third-century Shafi'i judge ibn Surayjj, the Hanafi jurist al-Baji, Bukhari al-Hanafi, ibn Abd al-Barr, and others. (Ibn Hajar, Fath al-Bari, Vol. 9, p. 364, Ibid)
"Verily the people have begun to hasten in the matter in which they are required to observe respite." (Hadith ibid)
إن قول الزوج أنتِ طالق أنتِ طالق أنتِ طالق كانت طلقة واحدة في العصرين؛ لقصدهم التأكيد والإخبار وصار الناس بعدهم يقصدون التجديد والإنشاء.What contradicts the former understanding is the fact that there are tens of narrations where the Prophet (saw) and his companions before the time of Umar (ra) judged the triple talaq is considered (three talaqat) an absolute irrevocable divorce.
"When people used to say you are divorced, you are divorced, you are divorced, it was counted as one talqah in both ages (i.e. the Prophet and Abu Bakr) because they meant the affirmation and the announcement. But people after them would mean renewing and generating (i.e. willing to issue more than one talqah)." (Zayla'i, Tabyeen al-Haqa'iq, Vol. 3, p. 27)
والله ما أردت إلا واحدة؟ فقال ركانة والله ما أردت إلا واحدة، فردها إليه رسول الله.The point here is that if the triple divorce was not counted as absolute irrevocable divorce, there is no sense of going to the Prophet (saw) to ask him and the affirmation of the Prophet (saw) of willing only one would make no sense. He would not have returned to the Prophet (saw) or the Prophet would have easily said: "In both cases you are fine and she is still your wife." But the understanding of the companion and the Prophet (saw) proves the triple divorce when intended as three, it is counted as an absolute irrevocable divorce.
"By Allah, you only meant a single divorce? Rukanah answered I swear by Allah that I meant it to be only a single divorce. The Prophet (saw) allowed him to take her back." (Abu Dawood 2206, Ibn al-Mulaqan, al-Badr al-Muneer, Vol. 6, p. 214, Tirmidhi 1177, Musnad al-Shafi'i (al-Fadh al-Talaq section), al-Mustadrak and others)
عصيتَ ربك، فبانت منك امرأتكSo the narration of Tawoos of the contrary is shadh. This explanation was argued by imam Ahmed, al-Juzani, ibn Rajab, Ibrahim al-Nakh'i, imam Malik, Shu'bah, ibn Abd al-Barr, al-Arabi, al-Qurtubi, ibn Qudamah and many other senior hadith critics. (Ibn Abd al-Barr, al-Istidhkar, Vol. 17, p. 22, Kawthari, al-Ishfaaq, pp. 45-46, Ibn Qudamah, al-Mughni, Vol. 7, p. 282)
"You disobeyed your Lord and your wife was (irrevocably) separated (banat) from you." (Abu Dawud 2197)
وكل علماء أهل مكة ينكرون على طاوس ما ينفرد به من شواذ الأقاويلIt may be also argued even if Tawoos heard this from Ibn Abbas (ra), it may be argued it was a former view of ibn Abbas (saw) who gave it up later and his students reported his final decision and Tawoos reported the old view.
"All the scholars of Mecca denies Tawoos's shadh views that were only narrated by him." (Ibid)
"Blameless narrators stayed for twenty years reporting to me that Ibn Umar pronounced three divorces to his wife while she was in the state of menses. He was commanded to take her back.This could give us insights on even if there were some narrations for any of the companions, it maybe was caused by such stories.
I neither blamed them (the narrators) nor recognised the hadith (to be perfectly genuine) until I met Abu Ghallab Yunus b. Jubair al-Bahili and he was very authentic, and he narrated to me that he had asked Ibn Umar and he narrated it to him that he made one pronouncement of divorce to his wife as she was in the state of menses, but he was commanded to take her back. I said: Was it counted (as one pronouncement)? He said: Why not, was I helpless or foolish?" (Sahih Muslim 1471, Bayhaqi and others)
الاختلاف ما يستند إلى دليل والخلاف ما لا يستند إلى دليلSo, this is either misunderstanding or an unconsidered disagreement (khilaaf not ikhtilaaf).
"Ikhtilaaf is what is based on evidence and the khilaaf is what is not based on evidence." (Kafawi, al-Kuliyaat, p. 61)
"Do you rejoice at the murder of Ali; go, you are taliq thalathan (with the three)." (Haythami, Majmaa al-Zawa'id, Vol. 4, p. 342, al-M'jam al-Kabeer 2757, Darqutni, Bayhaqi, Tabarani and others)Someone later explained what she had meant and he was upset at leaving her, but he replied:
لَوْلا أَنِّي سَمِعْتُ جَدِّي ، أَوْ حَدَّثَنِي أَبِي، أَنَّهُ سَمِعَ جَدِّي يَقُولُ ُ: أَيُّمَا رَجُلٍ طَلَّقَ امْرَأَتَهُ ثَلاثًا مُبْهَمَةً ، أَوْ ثَلاثًا عِنْدَ الأَقْرَاءِ لَمْ تَحِلَّ لَهُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ ُ, لَرَاجَعْتُهَاIt was also narrated in the Shiite's books that al-Hassan (ra) said:
"If I did not hear my grandfather (saw) – or my father heard my grandfather – that he said: 'When a man divorces his wife trice together (as clarified in another narration), or trice during the period, she would not be legally permissible to marry except when she marries another husband.' I would take her back." (Ibid)
أجمع آل الرسول على أن الذي يطلق ثلاثاً فيكلمة واحدة أنها قد حرمت عليه سواءكان قد دخل بها الزوج أو لم يدخل
"The Family of the Prophet (saw) unanimously agree that whoever divorces with triple taalq, his wife becomes haram to him (irrevocable divorde), whether he consummated the marriage with her or not." (Al-Kawthari, al-Fiqh wa Usul al-Fiqh, p. 267, Tahnawi, I'laam al-Sunan, Vol. 6, p. 811)
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