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Are Three Divorces Issued in One Sitting Counted as One?

By Mufti Muhammad Taqi Usmani
Translated by Zameelur Rahman

Ishaq ibn Ibrahim and Muhammad ibn Rafi‘ narrated to us – and the wording is Ibn Rafi‘’s – Ishaq said: ‘Abd al-Razzaq reported to us, and Ibn Rafi‘ said: narrated to us: Ma‘mar reported to us: from Ibn Tawus from his father from Ibn ‘Abbas, he said:

“Divorce, a divorce with three [issuances], in the time of the Messenger of Allah (Allah bless him and grant him peace) and Abu Bakr and two years of the caliphate of ‘Umar was [counted as] one. Then ‘Umar ibn al-Khattab said: ‘Verily, the people have hastened in a matter in which they used to have patience, so if only we were to enforce it on them.’ So he enforced it on them.” (Sahih Muslim)

When a man issues three divorces to his wife in one sitting[1] or with one statement[2], do they all occur? There are three positions on this question:

First, the position of the four Imams and the vast majority of the scholars from the salaf and the khalaf, and that is that all three occur thereby and the woman becomes mughallazah (permanently irrevocably divorced)[3] by means of it, so she is not lawful for her previous husband until she marries [and consummates the marriage with] a husband besides him. This was narrated from Ibn ‘Abbas, Abu Hurayrah, Ibn ‘Umar, ‘Abd Allah ibn ‘Amr, Ibn Mas‘ud and Anas, and it is the opinion of the majority of the people of knowledge from the Tabi‘in and the imams after them, as mentioned in al-Mughni by Ibn Qudamah (7:104). It was also narrated from ‘Umar, ‘Uthman, ‘Ali, al-Hasan ibn ‘Ali and ‘Ubadah ibn al-Samit (Allah be pleased with them) as will come.

Second, that nothing occurs thereby, and this is the position of the Ja‘fari Shi‘ah, as stated by al-Hilli al-Shi‘i in Shara‘i al-Islam (2:57), and al-Nawawi also related it from al-Hajjaj ibn Artah, Ibn Muqatil and Muhammad ibn Ishaq.

Third, the position of some of the literalists and Ibn Taymiyyah and Ibn al-Qayyim (Allah have mercy on them), which is that only one revocable divorce occurs thereby. Ibn Qudamah related it also from ‘Ata’, Tawus, Sa‘id ibn Jubayr, Abu al-Sha‘tha’ and ‘Amr ibn Dinar, but it is not authentic from Tawus and ‘Ata’. As for Tawus, because of what al-Husayn ibn ‘Ali al-Karabisi transmitted in Adab al-Qada’: ‘Ali ibn ‘Abd Allah (Ibn al-Madini) reported to us from ‘Abd al-Razzaq from Ma‘mar from Ibn Tawus that he said about Tawus: “Whoever narrates to you from Tawus that he would narrate three divorces as [being] one, he has lied upon him.” And as for ‘Ata’, because of what Ibn Jurayj narrated, he said: I said to ‘Ata’: “Did you hear Ibn ‘Abbas say: ‘Divorcing a virgin thrice is one [divorce]?’ He said: ‘That did not reach me from him.’” ‘Allamah al-Kawthari (Allah have mercy on him) cited these in his treatise al-Ishfaq ‘ala Ahkam al-Talaq (p. 33, Matba‘ah Majallat al-Islam, Egypt)

The literalists adduce the hadith of the chapter as proof, since Ibn ‘Abbas (Allah be pleased with him) stated explicitly that three divorces used to be counted as one in the time of the Messenger of Allah (Allah bless him and grant him peace); and [they adduce] what Ahmad and others narrated from the story of Rukanah ibn ‘Abd al-‘Aziz ibn ‘Abd Yazid: from ‘Ikrimah, the freed-slave of Ibn ‘Abbas, he said: “Rukanah ibn ‘Abd Yazid, the brother of al-Muttalib, divorced his wife thrice in one sitting, and he became extremely grieved over it.” He said: “The Messenger of Allah (Allah bless him and grant him peace) asked him: ‘How did you divorce her?’ He said: ‘I divorced her thrice.’” He said: “Then, he said: ‘In one sitting?’ He said: ‘Yes.’ He said: ‘Those are [counted as] only one so take her back if you wish.’” He said: “So he took her back.” This is how Ibn Taymiyyah transmitted it in his Fatawa (3:22).

They do not have [any proofs] besides these two hadiths.

The Proofs of the Majority on Three Occurring Together

As for the majority, they have many hadiths that prove the occurrence three divorces, even if a man pronounces them in one sitting, and here are some of them:

Continue reading ]]> Enlightenment Forum Hamood http://www.sunniforum.com/forum/showthread.php?106143-Are-Three-Divorces-Issued-in-One-Sitting-Counted-as-One The Nature of Worship in Islam http://www.sunniforum.com/forum/showthread.php?105590-The-Nature-of-Worship-in-Islam&goto=newpost Sat, 27 Apr 2013 18:39:55 GMT The Nature of Worship in Islam *By Mufti Muhammad Taqi Usmani* Translated by Zameelur Rahman *The Purpose of Man’s Creation* Know that Allah (Exalted is He) created man for His worship. Thus, Allah (Exalted is He) states in the Noble Qur’an: The Nature of Worship in Islam
By Mufti Muhammad Taqi Usmani
Translated by Zameelur Rahman

The Purpose of Man’s Creation

Know that Allah (Exalted is He) created man for His worship.

Thus, Allah (Exalted is He) states in the Noble Qur’an:

“I have not created jinn and humankind but to worship Me.” (Qur’an 51:56)

Meaning, I created jinn and man only for one purpose, which is My worship. The original purpose of man’s life and the original purpose of his coming into this world and residing in the world is that he worships Allah (Magnificent is His Glory).[1]

Are not Angels Sufficient for Worship?

If this question arises in one’s mind, that Allah (Exalted is He) had already created Angels previously for this purpose, so what need is there now to create another creation, meaning mankind? The answer to this is that although Angels were created for the purpose of worship, they were created in such a fashion that by their nature they were compelled to worship, because only the substance of worship was placed in their innate natures. Besides worship, the substance of sin, disobedience and rebellion were not placed in them. However, humankind were created in such a fashion that the substance of disobedience was also placed within them, the substance of sin was also placed within them, and thereafter, they were given the command to worship. This is why it is easy for Angels to worship. But within people there are desires, emotions, temptations, and needs, and incitements to sin, and after this they were given the command to save themselves from those inclinations to sin and to control those urges and suppress those desires and worship Allah (Exalted is He).

Two Types of Worship (‘ibadah)

Here, another matter ought to be understood, because of not understanding which, people are often led astray. That is, from one perspective it can be said that every act of a believer is worship. Meaning, if the intention of the believer is correct, and his methods are correct, and he passes his life in accordance with the Sunnah, then his eating will also be worship, his sleep will also be worship, his to-ing and fro-ing will also be worship, his work will also be worship, his playfulness with his wife and children will also be worship. Now, the question arises that in the same way that all these acts are worship for a believer, Salah is equally worship, so what then is the distinction between these two types of worship? The difference between these two [types of worship] should be understood well, and because of not understanding this difference, some people have been led astray.

Continue reading ]]> Enlightenment Forum Hamood http://www.sunniforum.com/forum/showthread.php?105590-The-Nature-of-Worship-in-Islam