Re: Javed Ahmed Ghamdi
1. 'Divorce is twice'. (Qur'an 2;229)
In Jalaalain Shareef, a widely accepted commentary of the Noble Qur'an, the explanation of the above verse is given as follows:
'The issuing of divorce after which it is correct to revoke - two (divorce)' 'If the husband divorces (his wife) after two divorces then she is not Halaal for him after the third divorce'.(Jalaalain p.34)
Explaining the above verse, Abu Bakr Jassas Razi (Rahmatullaahi Alaihi), an expert in Jurist, states in Ahkaamul Qur'an:
If both Talaaqs are given together, both will be effective and this is clearly indicated in the Qur'an. (Vol. 1 page 387)
- Hadhrat Ali (Radhiallaahu Anhu) reports that when Rasulullah (Sallallaahu Alayhi Wasallam) heard one person giving his wife three divorces, Rasulullah (Sallallaahu Alayhi Wasallam) became angry and said:
'You are making a mockery of the verses of Allah and the Deen of Allah. Whosoever gives his wife a terminating divorce, we will make three binding on him. His wife will not be Halaal for him until she does not marry another husband.' (Darul Qutni Vol.4 p.20)
3. 'It is reported from Mahmood Ibn Labid that Rasulullah (Sallallaahu Alayhi Wasallam) was informed of a person who had given his wife three divorces at once. Rasulullah (Sallallaahu Alayhi Wasallam) stood up in the state of anger and said, 'Are you playing with the Aayats of Allah and His Kitaab whilst I am among you.' A person stood up and said, 'Oh Rasulullah! Should I not kill him?' (Mishkaat Vol2 p.284)
4. *Once Imaam Hassan (Radhiyallaahu nhu) told his wife:
*'Go away, for you are divorced thrice'
When he was grieved at the separation of his wife, he said:
'If I had not heard my grandfather (Rasulullah) (or if my father did not tell me that he heard my grandfather) saying, 'Whosoever gives his wife three Talaaqs in the state of Tuhr (cleanliness) or three Talaaqs together, she is not Halaal for him until she does not marry another man, until then he cannot take her back.' (Darul Qutni Vol. 2 p.438)
This incident reiterates the fact that three Talaaqs in one sitting is three and not one. If anyone who was worthy of any exception to the Law, it would be the illustrious grandson of Rasulullah (Sallallaahu Alayhi Wasallam), Hadhrat Hassan bin Ali (Radhiyallaahu Anhu). However, this was not the case. The rule of three Talaaqs in one sitting was binding on him too.
- Hadhrat Ayesha Radhiyallaahu Anha narrates that a man gave his wife three divorces. The wife remarried and (incidentally) her (second) husband divorced her. It was then asked to Rasulullah (Sallallaahu Alayhi Wasallam), 'Is she Halaal for the first husband?' He (Rasulullah) replied, 'No,not until he tastes her sweetness (consummates the marriage) like how the first husband tasted her sweetness.' (*Bukhari * Vol. 2 p. 791)
6. Mujahid reports, 'I was in the company of Ibn Abbas (Radhiyallaahu Anhuma) when a man came and informed him that he had given his wife three Talaaqs. Ibn Abbas (Radhiyallaahu Anhuma) remained silent and we thought that he would send her back to him. Then he said, 'You walk and ride on stupidity, then you say: "OhIbn Abbas! Oh Ibn Abbas!" Allah says, "Talaaq (after which revoking is permissible) is twice....." You have disobeyed your Rabb and your wife is separated from you.' (Abu Daud)
7.Imaam Maalik (Rahmatullaahi Alaihi) in his Muwatta'a quotes the Fatwa of Ibn Abbas (Radhiyallaahu Anhuma) as follows:
*
* 'It has reached me (Maalik) that one person said to Ibn Abbaas, "I divorced my wife a hundred times, what will you rule on me?" Ibn Abbas said, "She is divorced from you with the first three Divorces and for the ninety-seven, you have taken the Aayats of Allah as a mockery."