Divorce Section · 10 – After divorcing a woman with three pronouncements of talaq, the annulment of returning to her is voided.
It is narrated from Ibn ‘Abbas, may Allah be pleased with him, that he said:
Divorced women should observe a waiting period of three menstrual cycles. It is not permissible for them to conceal what Allah has created within their wombs. Indeed, a man used to have the right to retract [his divorce] even if it were thrice; but this was abrogated, and then the verse “Divorce must be pronounced twice” was revealed. (Al-Baqarah, 229)
From Ikrimah, the freed slave of Ibn Abbas, who narrated from him:
Abdu Yezid, father of Abu Rukane and his brothers, divorced his wife, Umm Rukane, and married a woman from the Banu Muzaynah tribe. The woman came to the Messenger of Allah (peace be upon him) and plucked a hair from her head, saying, "The virility of my husband is no more beneficial to me than this hair."
The Messenger of Allah (peace be upon him) was angered. He summoned Rukane and his brothers and then asked those present in the assembly, “Do you find that so-and-so resembles so-and-so in such and such aspects, and so-and-so resembles so-and-so in such and such aspects?” They replied, "Yes."
Thereupon, the Messenger of Allah (peace be upon him) commanded Abdu Yezid, “Divorce the woman from Banu Muzaynah.” He divorced her. Then the Messenger of Allah (peace be upon him) said to him, “Return to the wife who is the mother of Rukane and his brothers.”
He then recited the verse: "O you who believe! When you divorce women, [divorce them] according to proper form…" (Surah At-Talaq, Verse 1).
Abu Dawud says: It is related from Yazid ibn Rukane that Rukana definitively divorced his wife, and then the Messenger of Allah (peace be upon him) sent her back to Rukane. (This hadith is more authentic than the one which relates the incident of Abu Rukane, because it is narrated by Nafi’ and Abdullah, who are the sons of the man. The people of a household know better about a man and what happens to him.)
Abu Dawud continues: Rukana only divorced his wife once definitively, and the Messenger of Allah (peace be upon him) accepted that divorce as one divorce.
**Explanation:**
The original name of Umm Rukane mentioned in the hadith is Acla. After she bore several children from her husband, he divorced her and took a woman from Banu Muzaynah. The woman from Banu Muzaynah complained about Abdu Yezid’s lack of virility. The Messenger of Allah (peace be upon him) brought the children and, after proving that their limbs resembled those of their father, ordered the divorce of the woman from Banu Muzaynah and commanded him to take back Acla.
Abdu Yezid said, “I know that I divorced her three times at once; revoke it.” From this is understood that if someone divorces his wife three times at once, she is divorced for one divorce, so that three divorces do not occur. However, according to the Hanafi school of thought, if he divorces his wife three times at once in one sitting, then three divorces are considered valid. This is called *bid’at talaq* (innovated divorce).
Furthermore, the phrase “definitely” which Abu Rukane used when divorcing his wife was treated as a divorce by the Messenger of Allah (peace be upon him), and he was commanded to return her.
Mujahid (may Allah be pleased with him) narrated: I was in the company of Ibn Abbas (may Allah be pleased with him). A man came to him.
Mujahid said: The man stated that he had divorced his wife three times [in one instance]. Ibn Abbas remained silent. So much so that I thought Ibn Abbas would return the woman to him, then he said: “One of you divorces his wife and acts foolishly.” Then Ibn Abbas exclaimed, "Ibn Abbas!" Indeed, Allah (Exalted be He) has stated, “Whoever fears Allah, He will provide for him a way out.” Yet you gave three *talāq* at once, showing no fear of Allah, so if I were to find a way out for you, you would have disobeyed your Lord. Your wife is divorced from you with irrevocable divorce (*talāk bayin*).” Indeed, Allah (Exalted be He) has stated: "When you divorce women, give them their due allowance according to the prescribed term…" (*Talāq*, 1).
Abu Dawud transmits many chains of narration of this hadith, and states that all the narrators say: They all said: Ibn Abbas responded to him regarding the three *talāq* given at once, saying: "Your wife is divorced from you with irrevocable divorce."
Abu Dawud stated: From Ibn Jurayj, from Amr bin Dinār: “If a man says, ‘You are divorced three times,’ from one mouth [in one instance], it counts as one *talāq*.”
It is narrated from Muhammad bin Iyas:
The companions Ibn ‘Abbas, Abu Hurayrah, and Abdullah bin Amr bin As were asked about a virgin woman divorced by her husband three times. All of them said, “She does not become lawful to him until she marries another man.” Abu Dawud says: The meaning of Ibn ‘Abbas’s statement that the woman who has been divorced thrice by her husband becomes *bayyin* is as follows: The woman will not be lawful to her first husband unless she marries another man, whether or not she consummates the marriage. This is like the report concerning equivalent exchange (of currency). Afterward, Ibn ‘Abbas retracted from some of his statements on this matter.
Tâvus has narrated: A man called Abu as-Sahba used to ask Ibn ‘Abbas many questions. He said, "You know that if a man divorces his wife before consummation with three revocable divorces during the era of Righteousness Guided Caliphate, in the time of Abu Bakr and in the early days of Umar’s caliphate, they would count it as one divorce?”
Ibn ‘Abbas said: “Yes, if a man divorces his wife before consummation with three revocable divorces, during the era of Righteousness Guided Caliphate, in the time of Abu Bakr and in the early days of Umar’s caliphate, it would be counted as one divorce. When Umar (may Allah be pleased with him) saw that people were following revocable divorces successively, he decreed that three revocable divorces should be considered as a final divorce.”
COMMENTARY
Giving three revocable divorces at once is an innovation concerning divorce. Although previously, if a man gave three revocable divorces before consummation, it was accepted as one divorce, after Umar (may Allah be pleased with him) it has been established as three divorces. The jurists have supported this narration.
Abu's-Sahba said to Ibn 'Abbas: Did you know that three divorces were counted as one divorce in the era of Prophethood, during the time of Abu Bakr, and for the first three years of Umar’s caliphate? Ibn ‘Abbas replied, “Yes.”