The issue of triple Talaq

In the name of Allah, the Most Gracious, the Most Merciful

Contents

1. The Criteria of Divorce in Qur'an
2. Divorce in Menstrual cycle is Prohibited and it will not count.
3. Divorce three times in one sitting is Prohibited
4. There is no Divorce in anger
5. Nikah of Tahleel(pre-planned Halala) is Haram and Zina
6. Ahadeeth which Explicitly says that 3 talaq=1
7. Fatwa of Umar bin Al Khattab ra
8. Fatwas of Sahaba Tabiyeen and Muhadditheen

9. What should we do when there is Difference of Opinion 

1. The Criteria of Divorce in Qur'an

[002:228]  And divorced women shall wait (as regards their marriage) for three menstrual periods, and it is not lawful for them to conceal what Allah has created in their wombs, if they believe in Allah and the Last Day. And their husbands have the better right to take them back in that period, if they wish for reconciliation. And they (women) have rights (over their husbands as regards living expenses, etc.) similar (to those of their husbands) over them (as regards obedience and respect, etc.) to what is reasonable, but men have a degree (of responsibility) over them. And Allah is All-Mighty, All-Wise. [002:229]  The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness. And it is not lawful for you (men) to take back (from your wives) any of your Mahr (bridal money given by the husband to his wife at the time of marriage) which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allah (e.g. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her Al-Khul (divorce). These are the limits ordained by Allah, so do not transgress them. And whoever transgresses the limits ordained by Allah, then such are the Zalimoon (wrong-doers, etc.).
Comment:.
This ayah clears that Divorce time is three menstrual periods not three seconds

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2. Divorce in Menstrual cycle is Prohibited and it will not count.

Allah says

[065:001] O Prophet! When ye do divorce women, divorce them at their prescribed periods, and count (accurately), their prescribed periods: And fear God your Lord: and turn them not out of their houses, nor shall they (themselves) leave  except in case they are guilty of some open lewdness, those are limits set by God: and any who transgresses the limits of God, does verily wrong his (own) soul: thou knowest not if perchance God will bring about thereafter some new situation.

• a) Ibn e Katheer Commented.

The Prophet was addressed first in this Ayah, to honor him, even though his Ummah is also being addressed in Allah's statement,
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(O Prophet! When you divorce women, divorce them at their `Iddah). Al-Bukhari recorded that `Abdullah bin `Umar divorced his wife, during the lifetime of Allah's Messenger , while she was menstruating. `Umar bin Al-Khattab mentioned that to Allah's Messenger . Allah's Messenger became angry and said,
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(Order him to take her back and keep her until she is clean from her menses, and then to wait until she gets her next period and becomes clean again. Then, if he wishes to divorce her, he can divorce her when she is clean from her menses, before he has sexual intercourse with her. This is the `Iddah which Allah the Exalted and Most Honored has fixed.)(end)
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and in Another hadith it is mentioned from Abu Zubair

فردها رسول الله صلى الله عليه وسلم ولم يرها شيئا

Prophet peace be upon him returned her(wife of Ibne Umar) and considered it(the divorce) nothing[Sunan Abu Dawood no:2185]

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• Imam Muslim narrated many Narrations in this chapter and in the last of the chapter he narrated

:

Abu Zubair reported that he heard 'Abd al-Rahman b. Aiman (the freed slave of 'Azza) say that he asked Ibn 'Umar (Allah be pleased with them) and Abu Zubair heard: What is your opinion about the person who divorced his wife in the state of menses?Thereupon he said: Ibn Umar (Allah be pleased with them) divorced his wife during the lifetime of Allah's Messenger (may peace be upon him) while she was in the state of menses. Upon this Allah's Messenger (may peace be upon him) told him to take her back and so he took her back and he (further) said: When she is pure, then either divorce her or retain her.Ibn 'Umar (Allah be pleased with them) said that Allah's Apostle (may peace be upon him) then recited this verse: "O Apostle, when you divorce women, divorce them at the commencement of their prescribed period" (Ixv 1).[Sahih Muslim Book 9, Number 3489]

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• Note: Imam Ash Shafi,Khattabee etc rejected the narration of Abu Zubair and said that these words are only narrated by abul Zubair, But Hafiz Ibne Hajar mentioned fatwa of Imam Shoabee(Tabiyee) that the divorce in menesis will not count and this is the fatwa of Ibne Umar, then Ibn e Hazam mentioned with authentic chain from Nafi from Ibne Omar that divorce will not count and then Ibne Hajar quoted another Rout of hadith of abul Zubair from Saeed bin Mansoor,

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• b) Ibne Hajar said

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 وروى سعيد بن منصور من طريق عبد الله بن مالك " عن ابن عمر  أنه طلق امرأته وهي حائض ، فقال رسول الله صلى الله عليه وسلم : ليس ذلك بشيء  " وهذه متابعات لأبي الزبير

It is narrated by Saeed bin Mansoor with the rout of Abdullah bin Malik from Ibne Umar that He (Ibin Umar) divorced his wife, while she was menstruating, Prophet peace be upon him said this (divorce) is nothing, and these all are Mutabiyaat of Abu al Zubair [Fath ul Bari Commentary of Bukhari,Kitab at Talaq chapter no: 2]

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•  Words of Saeed bin Jubair from Ibne Umar ra are

أنه طلق امرأته وهي حائض فردها عليه رسول الله صلى الله عليه وسلم حتى طلقها وهي طاهر

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Abdullah bin `Umar divorced his wife, while she was menstruating, Prophet peace be upon him returned her to him then Ibne Umar divorced her while she was not menstruating  [Sunan An-Nisaee Kitab at Talaq Chapter hadith no: 3398]

Source:http://hadith.al-islam.com/Page.aspx?pageid=192&TOCID=1724&BookID=38&PID=4167

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• c) Qadhi Shawkani said

وقد روى ابن حزم في المحلى بسنده المتصل إلى ابن عمر من طريق عبد الوهاب الثقفي عن عبيد الله بن عمر عن نافع عن ابن عمر " أنه قال في الرجل يطلق امرأته وهي حائض : لا يعتد بذلك " وهذا إسناد صحيح . وروى ابن عبد البر عن الشعبي أنه قال : " إذا طلق امرأته وهي حائض لم يعتد بها   في قول ابن عمر وقد روى زيادة أبي الزبير الحميدي في الجمع بين الصحيحين ، وقد التزم ألا يذكر فيه إلا ما كان صحيحا على شرطهما

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It is narrated by Ibn Hazam in al Mohalla with sound chain upto Ibn Umar with the rout of Abdul wahab Thaqafi from Obaidullah bin Umar from Nafi from Ibne Umar that "If a man divorces his wife while she was menstruating then it will not count" and this chain is Authentic, It is narrated by Ibne Abdul Barr from Shoa`ibi(tabiyee) that "if someone divorces his wife and she was in her periods then it will not count according to the saying of Ibn Umar". And Ziadah(that Prophet peace be upon him did not count divorce) of Abul Zubair is also narrated by Al Humedi in his "Jama bain al Sahihhyeen(Bukhari,Muslim)" and he commited that he will not mention (any hadith) except authentic narration on the conditions of (bukhari and Muslim)

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source: http://www.islamweb.net/newlibrary/display_book.php?ID=888&start=0&idfrom=2095&idto=2100&bookid=47&Hashiya=5

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Note: Chain from Ibne Hazam "Al Mohalla" is authentic according to Ibne Hajar Asqalani as he said

أخرجه ابن حزم بإسناد صحيح 

Ibne Hazam mentioned with authentic chain[Fath ul Bari Kitab at Talaq Chapter 2]

•  D) Shaykh ul Islam Ibne Tamiyah said

 والأكثرون يقولون بوقوعه مع القول بتحريمه‏.‏ وقال آخرون‏:‏ لا يقع‏.‏ مثل طاووس، وعكرمة‏.‏ وخِلاَس، وعمر، ومحمد بن إسحاق، وحجاج ابن أرطاة، وأهل الظاهر /كداود، وأصحابه‏.‏ وطائفة من أصحاب أبي حنيفة ومالك وأحمد، ويروي عن أبي جعفر الباقر، وجعفر بن محمد الصادق، وغيرهما من أهل البيت، وهو قول أهل الظاهر‏:‏ داود وأصحابه

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Most of them says it(divorce in mensis) will count with the saying that it is prohibited while others say It will not count like Tawus(Tabiyee),Ikrimah(Tabiyee),Khallas,Umar,Muhammad bin Ishaq, Hajjaj bin Artaah and Ahlul Daahir/Imam Dawood ad dahiri and his companions, and a group from Companions of Abu Haneefa,Malik and Ahmad, and it is narrated from Abu Jafar al Baqir and from Jafar bin Muhammad as Sadiq and other ahlul bayt.[Majmoo Fatawa Ibne Tamiyah Vol 33 page 81)

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Source: http://www.al-eman.com/islamlib/viewchp.asp?BID=252&CID=612#s6

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• e) Shaykh Muhammad Dawud Daraz quoted

Many of the jurists and 4 imams are of the opinion that this talaq(given in menesis) will be counted and it will not acount according to Dahariyah,Ahlul hadeeth, Ibne Tamiyah, Ibne Hazam, Ibn Qayyam, Imam Muhammad Baqir, Imam Jafar Sadiq and Imam Nasir and ahlul bayt, because this divorce was haram and Bidah

[Commentary of Sahih Bukhari by Shaykh Muhammad Dawud Daraz Rahimullah Kitab at Talaq chapter no: 2 (urdu)]

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• f) Shaykh Ibn Baaz (may Allaah have mercy on him) said:

.Divorce of a menstruating woman does not count as such according to the more sound of the two scholarly opinions, which is contrary to the view of the majority. The majority of scholars think that it does count as such, but the correct scholarly view is that reflected in the fatwas of some of the Taabi’een and in the fatwa of Ibn ‘Umar (may Allaah be pleased with him). This is also the view favoured by Shaykh al-Islam Ibn Taymiyah and his student Ibn al-Qayyim and a number of scholars who said that this divorce does not count as such, because it is contrary to the laws of Allaah. Allaah decreed that a woman should be divorced when she is in a state of purity, free from nifaas (postpartum bleeding) and menses, and during a time of purity when her husband has not yet had intercourse with her. This is the divorce that is prescribed according to sharee’ah. If he divorces her during her menses or nifaas, or during a time of purity when he has had intercourse with her, then his divorce is bid’ah (an innovation) and does not count as such according to the more sound of the two scholarly views, because Allaah says 

“O Prophet! When you divorce women, divorce them at their ‘Iddah (prescribed periods) and count (accurately) their ‘Iddah ”[al-Talaaq 65:1] 

What this means is when they are pure (not menstruating) and you have not had intercourse with them. This is what the scholars have said about divorcing them at their prescribed periods, they should be pure (not menstruating) and you should not have had intercourse with them, or they should be pregnant. This is what is meant by divorce at their prescribed periods. End quote from Fataawa al-Talaaq, p. 44

• g) It says in Fataawa al-Lajnah al-Daa’imah (20/58):

 " الطلاق البدعي أنواع منها : أن يطلق الرجل امرأته في حيض أو نفاس أو في طهر مسها فيه ، والصحيح في هذا أنه لا يقع "

Innovated divorces are of several kinds, including: when a man divorces his wife at the time of menses, nifaas or in a period of purity (i.e., not menstruating) when he has had intercourse with her. The correct view is that this does not count as divorce. End quote. 

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• h) Shaykh Ibne Uthaymeen said

The more correct view in our opinion is that favoured by Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him), that divorce at the time of menses does not count as such, because it goes against the command of Allaah and His Messenger. The Prophet (peace and blessings of Allaah be upon him) said: “Whoever does any action that is not in accordance with this matter of ours will have it rejected.” The evidence concerning this very issue is the hadeeth of ‘Abd-Allaah ibn ‘Umar, when he divorced his wife at the time of her menses. He told the Prophet (peace and blessings of Allaah be upon him) about that and the Messenger of Allaah (peace and blessings of Allaah be upon him) got very angry and said: “Tell him to take her back, then keep her until she has become pure, then menstruated, then become pure, then if he wishes he may keep her after that and if he wishes he may divorce her.” Then the Prophet (peace and blessings of Allaah be upon him) said: “That is the prescribed period at which Allaah has commanded men to divorce women.” The prescribed period at which Allaah has commanded men to divorce women means that a man may only divorce his wife when she is pure (not menstruating) and he has not had intercourse with her. Based on this, if he divorces her when she is menstruating, he has not divorced her in accordance with the command of Allaah, so it is to be rejected. We think that the divorce that has been issued to this woman does not count as such, and that the woman is still married to her husband. It does not matter whether the husband knew that she was menstruating or not menstruating when he issued the divorce. Yes, his knowledge of her condition does not matter, but if he knew about that then he has committed a sin, and the divorce does not count. If he did not know, then the divorce still does not count, but there is no sin on the husband. End quote from Fataawa Islamiyyah, 3/268.

• Comment

So from Above Evidences it is Clear that in the monthly periods of woman,It is Prohibited for Men to Divorce, and there is difference of opinion whether it will  count or not some says it will count but, at the same time, the person is ordered to take her back and to not touch her until she becomes pure from the menses and then gets her menses a second time. Then when she becomes pure after that second period, he may either keep her or he may divorce her.while Other scholars say, Divorce will not count because it is against teachings of Quran and Prophet peace be upon him. (This is issue of fiqh one should take help from scholars in this case)

3. Divorce three times in one sitting is Prohibited

أَخْبَرَنَا سُلَيْمَانُ بْنُ دَاوُدَ ، عَنْ ابْنِ وَهْبٍ ، قَالَ : أَخْبَرَنِي مَخْرَمَةُ ، عَنْ أَبِيهِ ، قَالَ : سَمِعْتُ مَحْمُودَ بْنَ لَبِيدٍ ، قَالَ : " أُخْبِرَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ رَجُلٍ طَلَّقَ امْرَأَتَهُ ثَلَاثَ تَطْلِيقَاتٍ جَمِيعًا ، فَقَامَ غَضْبَانًا ، ثُمَّ قَالَ : " أَيُلْعَبُ بِكِتَابِ اللَّهِ ، وَأَنَا بَيْنَ أَظْهُرِكُمْ " ، حَتَّى قَامَ رَجُلٌ وَقَالَ : يَا رَسُولَ اللَّهِ ، أَلَا أَقْتُلُهُ ؟ ..

Mahmood bin Lubayd (ra) narrates that the Prophet (Peace be upon him) was informed that a man divorced his wife with three pronoucments all-together, at this (The Prophet) became very angry, he stood up and said: Is the book of Allah being mocked at in my presence? Until one person stood and said O Allah’s Apostle should I not kill him? [Sunnan Nasai’i, Volume No. 2, Page No. 181]
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The Chain is Authentic but a) Ibne Katheer said this is Disconnect, in Commentary of Ibne Kathir.

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Hafiz Ibne Kathir said this because the narrator Makhrama did not heard anything from his father according to him as

• Imam Hakim said

أن طائفة من أهل مصر ذكروا أنه لم يسمع من أبيه لصغر سنه ، وأثبت بعضهم سماعه منه " .

"The group in Egypt said that he did not heard from his father in young age and some of them proved that he did (hear from his father)."  

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Source of al Mustadrak: http://islamweb.net/newlibrary/display_book.php?bk_no=74&ID=287&idfrom=704&idto=738&bookid=74&startno=9

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but most correct view is that he narrated from the book of his Father, and proof for this is

• a) Ibne Abdul barr said

وقال عباس ، عن يحيى بن معين : مخرمة بن بكير ثقة ، وبكير ثقة ثبت.
وقال ابن البرقي : قال لي يحيى بن معين : كان مخرمة ثبتا ، ولكن روايته عن أبيه من كتاب وجده لأبيه لم يسمع منه
Abbas narrated from Yahya bin maieen that,Makhramah bin baqeer is trustworthy and (his father) bakeer is trustworthy thabat
Ibn al Burqee said that Yahya bin Maieen said:Makhramah is Thabat and his narrations from his father are from the book (of his father) and he heard nothing from his grand father and father(end quote)
Source of at Tamheed: http://islamweb.net/hadith/display_hbook.php?hflag=1&bk_no=692&pid=595507

• b) Imam Tirmidhee asked from Imam Bukhari

هل سمع محمد بن المنكدر من عائشة ؟ فقال البخاري نعم فقد روى مخرمة بن بكير عن أبيه عن محمد بن المنكدر قال سمعت عائشة
"Did Muhammad bin Mundakar heard from Aisha? Bukhari said Yes and he narrated hadith from Mukhramah bin bakeer from his father from Muhammad bin Mundakar;he said i heard from Aisha.."[Sawalaat al Bukhari Ilal Al tirmidhee and also quoted by Imam Ad Dahabee in his seyar al ailam al Nubala under the biography of Muhammad bin Mundakar]

• Comment:

Here Imam Bukhari is providing evidence to Imam Tirmidhee from the hadith of Makhramah narrating from his Father. Meaning according to Imam Bukhari his narrations from his father are evidence.

• c) Shaykh Al Bani said

. قلت : و الراجح أن روايته عن أبيه
وجادة من كتاب أبيه , و هي حجة

I say: Correct (opinion) is that his narrations from his father are from the book of his father and he is evidence.[Silsilah As Saheeha hadith no: 2591]
Those who authenticated above hadeeth

•  a) Shaykh Nasir ud din Al Bani said regarding hadith

Chain is Authentic Narrators are Trustworthy according to me And Mahmood bin Lobaid is Sahabi sagheer... Hafiz (Ibne Hajar) said"Apperantly This is from Maraseel and Maraseel of Sahaba are evidence".(Ghayat al Maram fe Takhreej Ahadeeth Halal wal Haram no: 261) 

• b) Allamah Turkkumani Hanafi said.

The Authentic and Clear hadith regarding Prohibitation of  three pronoucments all-together, is in Sunan Nisai(Al Johar Al Naqqi vol 7 page 333).

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• c) Hafiz Ibne Hajar said

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Narrated by Nisaiee and the narrators are trustworthy [Bulugh al Maram, Kitab an Nikah, Chapter of Divorce hadith no: 918 page 700]

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4. There is no Divorce in anger

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Prophet (peace and blessings of Allaah be upon him) said:

لا طَلاقَ وَلا عَتَاقَ فِي إِغْلاقٍ

“There is no divorce and no freeing of slaves when it is done by force or in a state of intense anger.”

(Narrated by Ibn Maajah, 2046; classed as saheeh by al-Albaani in al-Irwa’, 2047)
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• a) Imam Ibn Al Qayyam

Ibn al-Qayyim wrote an essay on that entitled Ighaathat al-Lahfaan fi Hukm Talaaq al-Ghadbaan, in which he said the following: 

Anger is of three types: 

1 – That which is not so intense as to affect a person’s mind or rational thinking; he knows what he is saying and what he means. There is no dispute that in this case divorce, manumission and contracts are valid. 

2 – Where his anger reaches such a limit that he no longer knows what he is doing or saying. There is no dispute that in this situation divorce does not take place. If his anger is so intense that he does not know what he is saying, there is no doubt that none of his words should be implemented in this case. The words of the mukallif (adult of sound mind) are only to be implemented if he knows what he is saying and what it means, and if the speaker really means that. 

3 – The kind of anger that falls between the two categories mentioned above, where the anger goes beyond the ordinary level but not so far as to make him behave like a madman. This is an area of scholarly differences of opinion. The shar’i evidence indicates that divorce, manumission and contracts in such cases are not valid, and this is a kind of ighlaaq as the imams explained. 

From Mataalib Ooli al-Nuha, 5/323; see also Zaad al-Ma’aad, 5/215.

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• b) Shaykh Bin Baz said

If you uttered the words of divorce at a moment of intense anger and without realizing it, and you could not control yourself, because of her bad words and insults etc., and you did that at a moment of intense anger and without realizing it, and she acknowledges that, or you have a witness of good character, then divorce has not taken place, because the shar’i evidence indicates that divorce does not take place if the words are spoken at a moment of intense anger – and if it is accompanied by not realizing what is happening then the ruling applies even more so. 

For example, Ahmad, Abu Dawood and Ibn Maajah narrated from ‘Aa’ishah (may Allaah be pleased with her) that the Prophet (peace and blessings of Allaah be upon him) said: “There is no divorce and no manumission in the event of ighlaaq.” The majority of scholars said that ighlaaq means compulsion or anger, i.e., intense anger. For his anger made him unaware of what he was saying, so he is like one who is unconscious, insane or drunk, because of the intensity of his anger. So divorce does not take place in this instance. If he does not realize what he is doing and cannot control his words or actions because of the intensity of his anger, then divorce does not take place. 

Anger may be of three types: 

1 – When a person is angry and is no longer aware of what he is doing. This is likened to the insane, so divorce does not take place according to all scholars. 

2 – Where a person is very angry but is still aware of what is going on, but his anger is so intense that it makes him say the words of divorce. In this case too, divorce does not take place according to the correct scholarly opinion. 

3 – The ordinary type of anger which is not very intense. In this case, divorce takes place, according to all the scholars. 

From Fataawa al-Talaaq, pp. 19-21, compiled by Dr. ‘Abd-Allaah al-Tayyaar and Muhammad al-Moosa. 

• c) Sheikh 'Atiyyah Saqr, former head of Al-Azhar Fatwa Committee, states:

"Abu Dawud quotes the Prophet (peace and blessings be upon him) as saying:"Divorce and manumission do not count in case of Ighlaq."Imam Ahamd says Ighlaq means anger; some other scholars hold it to mean doing something under force; others say it stands for insanity.
Anger is of three kinds:
1.Anger that renders one unconscious and completely unaware of what he speaks. There isIjma'(scholarly consensus) that divorce does not count in this case.
2.Anger that is normal and has no effect on man's awareness. There isIjma'that divorce does count in this case.
3.Extreme anger that is between the two stages. It does not render one to be fully unaware of what he utters, but it is really fierce to the extent of causing one to act against his will. It's reflected in man's showing sign of remorse after uttering the words of divorce. This kind of divorce is controversial and the preponderant view is that it does not count.
I advise those who seek religious ruling for cases of divorce to give a honest remark when describing their state of anger, for some people tend to give some sort of exaggerating force to the state of fury, and thus describing it as having paralyzing effect on their power of reasoning when they pronounce divorce. Such people should fear Allah and speak the truth."

• d) Sheikh Yusuf Al-Qaradawi said:
  

"Anger causes one to lose balance while speaking and acting, to the extent that he says and does a thing which he would not have done in normal state. This is what Ibn 'Abdin mentions in hisHashiayah. We can add another criterion here, which is mentioned by Ibn Al-Qayyim in hisZad al-Ma'ad, in order to distinguish between extreme and normal anger. It is that one regrets and feels sorry for one's previous act when anger subsides, and this indicates that pronouncement of divorce in that case is normally unintentional."
Saying of Shaykh Atiyah and Shaykh Yusaf is taken from :http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503544762#ixzz18eY6mkXG
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also see: http://islamqa.com/en/ref/22034/

Comment 

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When Husband says talaq talaq talaq in intense anger, talaq will not occur because, A Woman is not a toy of a husband, Now a days specially in Pakistan and India, Husbands  force their wives after divorce in anger to do Halala(pre-planned marriage, by saying you should marry my friend or any other person after spending a night he will divorce you, after Iddah i will marry you again)  which is Prohibited in Islam and Sahaba considered it Zina, Men should Fear Allah, Apostle of Allah Cursed the one who marries a woman and divorces her so that she can go back to her first husband, and the muhallal lahu is the first husband (who provide his wife to other person for halala). 

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5. Nikah of Tahleel(pre-planned Halala) is Haram and Zina

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‘Abd al-Razzaaq (6/2650 narrated that ‘Umar ibn al-Khattaab (may Allaah be pleased with him) said whilst addressing the people: “By Allaah, no muhallil or muhallal lahu will be brought to me but I will stone them.”

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and regarding the opinion of Ahlul Rai that it is not zina and girl will be halal for previous husband

• a) Imam Tirmidhee said

in his Sunan under the commentary of the hadeeth “Allah has cursed the muhallil and the muhallallahu".
وسمعت الجارود بن معاذ يذكر عن وكيع أنه قال بهذا وقال ينبغي أن يرمى بهذا الباب من قول أصحاب الرأي قال جارود قال وكيع وقال سفيان إذا تزوج الرجل المرأة ليحللها ثم بدا له أن يمسكها فلا يحل له أن يمسكها حتى يتزوجها بنكاح جديد 

 I heard Jarud bin Muadh he said that ((b)Imam) Wakee said in this chapter the opinion of ashab ul Rai should be thrown. Jarud said that ((c)Imam) Sufiyan said If a man marries a woman so that she will be halal for her first husband and then he analysed to keep her with himself so he should marry her 2nd time because his first nikah was not valid(end)

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Source of Sunan Tirmidhee:http://hadith.al-islam.com/Page.aspx?pageid=192&TOCID=781&BookID=37&PID=2045

• d) Ibne Qudamah said

فإن شرط عليه التحليل قبل العقد ولم يذكره في العقد ونواه في العقد أو نوى التحليل من غير شرط فالنكاح باطل أيضا قال إسماعيل بن سعيد‏:‏ سألت أحمد عن الرجل يتزوج المرأة‏,‏ وفي نفسه أن يحللها لزوجها الأول ولم تعلم المرأة بذلك قال‏:‏ هو محلل إذا أراد بذلك الإحلال‏,‏ فهو ملعون وهذا ظاهر قول الصحابة رضي الله عنهم وروى نافع عن ابن عمر أن رجلا قال له‏:‏ امرأة تزوجتها‏,‏ أحلها لزوجها لم يأمرني ولم يعلم قال‏:‏ لا‏,‏ إلا نكاح رغبة إن أعجبتك أمسكها وإن كرهتها فارقها قال‏:‏ وإن كنا نعده على عهد رسول الله -صلى الله عليه وسلم- سفاحا وقال‏:‏ لا يزالان زانيين‏,‏ وإن مكثا عشرين سنة إذا علم أنه يريد أن يحلها وهذا قول عثمان رضي الله عنه

قال إسماعيل بن سعيد‏:‏ سألت أحمد عن الرجل يتزوج المرأة‏,‏ وفي نفسه أن يحللها لزوجها الأول ولم تعلم المرأة بذلك قال‏:‏ هو محلل إذا أراد بذلك الإحلال‏,‏ فهو ملعون وهذا ظاهر قول الصحابة رضي الله عنهم وروى نافع عن ابن عمر أن رجلا قال له‏:‏ امرأة تزوجتها‏,‏ أحلها لزوجها لم يأمرني ولم يعلم قال‏:‏ لا‏,‏ إلا نكاح رغبة إن أعجبتك أمسكها وإن كرهتها فارقها قال‏:‏ وإن كنا نعده على عهد رسول الله -صلى الله عليه وسلم- سفاحا وقال‏:‏ لا يزالان زانيين‏,‏ وإن مكثا عشرين سنة إذا علم أنه يريد أن يحلها وهذا قول عثمان رضي الله عنه

Isma`eel bin Saeed said (e)Imam Ahmad was asked about a man who married a woman intending thereby in his heart to make her permissible for her first husband, but the woman did not know about that. He said: He is a muhallil, and if he intends thereby to make her permissible for her first husband, then he is cursed. And this is apparent from the words of Sahaba May Allah be pleased with them, It is narrated from Naafi’ that a man said to (f)Ibn ‘Umar: I married a woman and made her permissible for her first husband, and he did not tell me to do that and he did not know. He said: No, marriage should be based on genuine intentions; if you like her then keep her, and if you do not like her then leave her. He said: At the time of the Messenger of Allaah (peace and blessings of Allaah be upon him) we would regard that as zina.And he said: They will still be adulterers, even if they remain for twenty years, And This is the saying of (g)Uthman May Allah be pleased with him[al-Mughni vol 10 page 49-55].

source: 

http://islamtoday.al-eman.com/feqh/viewchp.asp?BID=308&CID=208

. 

also see: http://www.islamqa.com/en/ref/109245/

.

6. Ahadeeth which Explicitly says that 3 talaq=1

•  Hadeeth no: 1

.

Its mentioned in Awn Al Mabood Commentary of Sunan Abu Dawood vol 6 page 199 from Musnad Ahmad

 .
 عن بن عباس قال طلق ركانة بن عبديزيد أخو بني المطلب امرأته ثلاثا في مجلس واحد فحزن عليها حزنا شديدا قال فسأله رسول الله صلى الله عليه و سلم كيف طلقتها قال طلقتها ثلاثا قال فقال في مجلس واحد قال نعم قال فإنما تملك واحدة فارجعها إن شئت قال فراجعها فكان بن عباس يرى إنما الطلاق عند كل طهر. 

 Narrated by Ibn Abbas ra Brother of Mutlab, Rukanah bin Abd Yazeed divorced his wife three times. He felt too sorry, Prophet Peace be upon him asked How did you divorce? (كيف طلقتها) Rukanah said I gave her three talaq. Prophet Peace be upon him asked did you give in single sitting? He (rukahan) said YES. (Prophet) said Then it has effect of one divorce, if you want to take her back you can. Rukahnah took her back and the tahqeeq of Ibn e Abbas RA is Talaq should be in each tuhur.
.
Scholars who rejected this hadeeth

  Those who rejected are Ibne Jozi, Ibn Hammam Hanafi, Shoaib al Aranoot, the main objection on the chain of this hadith is that If Dawud(narrator of this hadeeth) narrates hadith from Ikrimah then he is rejected and accepted if he narrate from other then Ikrimah.

.

Note:

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After doing Jirha on the hadeeth Shaykh Shoaib Al Aranoot said

قلنا ومع هذا فقد جود اسناد هذا الحديث شيخ الاسلام فى "الفتاوى الكبرى" 3/22 وصححه ابن القيم فى "زاد

المعاد" 5/263 والشيخ احمد شاكر  فى تعليق "المسند"

وقد نقل العمل بهذا الحديث فيما قاله الحافظ فى "الفتح" عن علي وابن مسعود وعبد الرحمن بن عوف والزبير وذكر ذلك ابن مغيث في ‏"‏ كتاب الوثائق ‏"‏ له وعزاه لمحمد بن وضاح، ونقل الغنوي ذلك عن جماعة من مشايخ قرطبة كمحمد بن تقي بن مخلد ومحمد بن عبد السلام الخشني وغيرهما، ونقله ابن المنذر عن أصحاب ابن عباس كعطاء وطاوس وعمرو بن دينار‏.‏
 .

I say with this that according to Shaykh ul Islam (Ibne Tamiyah) chain of this hadeeth is good in  "Fatawa Al Kubrah" 3/22, Authenticated by Ibn al Qayyam in "Zad al Ma`ad" 5/263 and (authenticated by) Shaykh Ahmad Shakir in Ta`leeq "al Musnad"

On this hadeeth Al Hafiz (Ibne Hajar asqalani) in Fath transmitted practise of Ali,Ibne Masood,Abdul rahman bin Awf, Zubair and same is mentioned by Ibne Mugheeth in "Kitab al Wathaiq" and Muhammad bin Wadah attributed to him, and Ghanwi mentioned same(madhab) from Scholars of Qartaba like Muhammad bin Taqi bin Muhammad,Muhammad bin Abdus Salam Al Hashni etc, And Ibn e Munzar mentioned (same fatwa) from Companions of Ibn e Abbas ra Like Ata (bin abi ribah),Tawus,Omar bin Dinar (end)  

[Musnad Ahmad vol 4 page 217 hadeeth no: 2387]

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Reply by those who accepted this hadeeth.

• a) Ibn e hajar asqalani said

 .

 أخرجه أحمد وأبو يعلى وصححه من طريق محمد بن إسحاق وهذا الحديث نص في المسألة لا يقبل التأويل الذي في غيره من الروايات الآتى ذكرها . وقد أجابوا عنه باربعة أشياء . . . 

وقد أجابوا عنه بأربعة أشياء‏:‏ أحدها أن محمد بن إسحاق وشيخه مختلف فيهما، وأجيب بأنهم احتجوا في عدة من الأحكام بمثل هذا الإسناد كحديث ‏"‏ أن النبي صلى الله عليه وسلم رد على أبي العاص بن الربيع زينب ابنته بالنكاح الأول ‏"‏ وليس كل مختلف فيه مردودا‏.‏

 Imam Ahmad and Abu yala narrated and Authenticated with the turk of MUHAMMAD BIN ISHAQ, This Hadeeth is Nas in this Chapter, There is no Interpetation 

and they reply this by four points: Number one is that Muhammad bin Ishaq and his teacher (Dawud who is also teacher of Imam Malik) are disputed over and answer is that they (muhadditheen) took evidence in Ahkam from the chain like the chain of this hadith (of Rukanah)..........and disputed over is not all the time rejected.(end)

.

• Then Hafiz Ibne Hajar said

ويقوى حديث ابن إسحاق المذكور ما أخرجه مسلم
The hadith in Sahih Muslim is making the hadith of (Muhammad) Bin Ishaq more powerful. (then he mentioned the hadith of Ibne Abbas ra from Sahih Muslim)

Source of Fath ul Bari: http://www.al-eman.com/hadeeth/viewchp.asp?BID=12&CID=460

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• b) Shaykh ul ISLAM IBN E TAMIYAH RA said regarding this hadith in Majmoo al fatawa 33/85

 .
 قُلْت وَهَذَا الْحَدِيثُ قَالَ فِيهِ ابْنُ إسْحَاقَ حَدَّثَنِي دَاوُد ؛ ودَاوُد مِنْ شُيُوخِ مَالِكٍ وَرِجَالِ الْبُخَارِيِّ ؛ وَابْنِ إسْحَاقَ إذَا قَالَ . حَدَّثَنِي . فَهُوَ ثِقَةٌ عِنْدَ أَهْلِ الْحَدِيثِ . وَهَذَا إسْنَادٌ جَيِّدٌ ؛ 

 I say: This hadith where Ibne Ishaq said Narrated to us Dawud;and Dawud is in teachers of (Imam) Malik and in narrators of Bukhari and If Ibne Ishaq says Haddathanee(Related to me/Narrated to me) then he is Trustworthy according to people of hadith and the chain is Jayyad (good).

.

• c) Ibn Qayyam Joziyah Authenticated in Ailam al Moqiyeen

 
 وأحمد يصحح هذا الإسناد ، ويحتج به، وكذلك الترمذي .

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And Ahmad authenticated this chain and took evidence as well as Tirmidhee.

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source: http://www.islamweb.net/newlibrary/display_book.php?idfrom=1011&idto=1012&bk_no=34&ID=615

.

• d) Shaykh Nasir ud Din Al Bani said

 . قلت : هذا الإسناد صححه الأمام أحمد والحاكم والذهبي وحسنه الترمذي في متن آخر تقدم برقم ( 1921 ) وذكرنا هناك اختلاف العلماء في داود ابن الحصين وأنه حجة في غير عكرمة ولولا ذلك لكان إسناد الحديث لذاته قويا ولكن ذلك لا يمنع من الإعتبار بحديثه والإستشهاد بمتابعته لبعض بنى رافع فلا أقل من أن يكون الحديث حسنا بمجموع الطريقين عن عكرمة ومال ابن القيم إلى تصحيحه وذكر أن الحاكم رواه في مستدركه وقال إسناده صحيح ولم أره في ( المستدرك ) لا في ( الطلاق ) منه ولا في ( الفضائل ) والله أعلم.
I say this Chain is Authenticated by Imam Ahmad, and Al Hakim and Dahabee and Tirmidhee declared it Hasan..., I have mentioned in hadeeth no 1921 dispute among scholars regarding dawud bin al Husain and he is evidence except if he narrates from Ikrimah.and chain of this hadeeth is Lidhatihi powerful and does not prevent us to make confidence on this hadeeth because,witness and another rout of this hadeeth is (the hadeeth) of Some Bani Rafi`e then at least this Hadith is Hasan (by combining) all the routs from Ikrimah [Irwa al Ghulayl vol 7 page 145 hadith no: 2063] 
.

Note:

This is the witness and another Rout of the narration Imam Al Bani is talking about

 أَنَّ ابْنَ عَبَّاسٍ , قَالَ : طَلَّقَ رَجُلٌ عَلَى عَهْدِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وسَلَّمَ امْرَأَتَهُ ثَلاثًا ، فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وسَلَّمَ : أَنْ يُرَاجِعَهَا , قَالَ : إِنِّي قَدْ طَلَّقْتُهَا ثَلاثًا , قَالَ : قَدْ عَلِمْتُ ، وقَرَأَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وسَلَّمَ :يَأَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ سورة الطلاق آية 1 , قَالَ : فَارْتَجَعَهَا .

Narrated by Ibne Abbas someone divorced his wife three times. At the time of Prophet peace be upon him, Prophet peace be upon him ordered him to take her back, he(the person) said I have divorced her three times, he (prophet) said I know, and then read the ayah [065:001] “O Prophet! When ye do divorce women, divorce them at their prescribed periods” the he (the person) took her back [Musannif Abdul Razzaq Vol 6 page 391]

.

• e) Imam Zia al Maqdasi (567-643h)

.

He narrated this hadeeth in his Al Mukhtarah vol 11 page 362-363 in which he narrated those authentic ahadeeth which are not narrated by Imam Bukhari and Muslim in their Sahih books, According to Shaykh Badi Ud Din Shah Ar Rashidi this book is better then Al Mustadrak of Imam Al Hakim

.

Source of Mukhtarah: http://www.islamweb.net/hadith/display_hbook.php?bk_no=1711&hid=4100&pid=411963

.

• f) Shaykh Abdul Malik bin abdullah bin Daheesh

He is Muhaqqiq of al Mukhtarah of Imam Zia al maqdisi he said in Hashiyah of the hadeeth

اسناده حسن
والحديث عند الامام احمد فى "مسنده" 265/5

وذكره الحافظ فى "الفتح" 9/362 وقال: اخرجه احمد وابو يعلى وصححه
وذكره السيوطى فى "تفسيره" 1/668 وعزاه الى البيهقى

Chain is Hasan

This hadith is narrated by Imam Ahmad in his "Musnad" 5/265

Al Hafiz (Ibne hajar asqalani) mentioned in "Al Fath ul Bari" 9/362 and said Imam Ahmad and Abu Yala narrated and authenticated

Mentioned by As-Suyuti in his "tafseer" 1/668 and attributed to Al Behaqi(end)

.

• g) Shaykh Ahmad Shakir said

.

Chain is authentic, Same is narrated by Zia (al maqdasi) in Al Mukhtarah, mentioned by Ibn al Qayyam in Ighatha tul fahaan 158, Narrated by Abu Yala, mentioned by Shawkani 7/17-18, Narrated by Behaqi, it is alsi mentioned in Durre Manthur 1/279 (there after he said)

.

وهذا الحديث عندى اصل جليل من اصول التشريع فى الطلاق يدل على ان خلاف فى وقوع الطلقات الثلاث مجمعة وعدم وقوعه انما هو فى الطلاق اذا كرره المطلق,  اى طلق المرة ثم المرة ثم ثالثة فى العدة, فى مجلس الواحد او مجالس. وانه ليس الخلاف فى وصف الطلاق بالعدد,  كقولهم ((طالق ثلاثا)) مثلا, فان هذا الوصف لغو فى اللغة, باطل فى العقل. وقد شرحته وفصلت القول فيه فى كتابى (نظام الطلاق فى الاسلام) ص 39 وما بعدها

 

  Tahqeeq of Musnad Ahmad by Shaykh Ahmad Shakir Vol 3 Page 91 hadeeth no: 2387 

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• h) Shaykh Abdul Aziz bin Baz said

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They also quote as evidence the report narrated by Imam Ahmad in al-Musnad with a good chain from Ibn ‘Abbaas (may Allaah be pleased with him), that Abu Rakaanah divorced his wife by saying “I divorce you thrice”, then he regretted it, so the Prophet (peace and blessings of Allaah be upon him) returned her to him with one word and said, “This is only one (divorce).” This hadeeth and the one(hadith of Ibne Abbas in Sahih Muslim) before it are to be understood as referring to divorcing by saying “I divorce you thrice”, in order to reconcile these two hadeeths and the verse in which Allaah says:“The divorce is twice”[al-Baqarah 2:229]

 [Fataawa Islamiyyah, 3/281, 282]

.

• I) It is mentioned in Awn al Mabood commentary of Sunan Abu Dawud

 ولفظ أحمد  طلق ركانة امرأته في مجلس واحد ثلاثا فحزن عليها ، فقال له  رسول الله - صلى الله عليه وسلم - فإنها واحدة  .

والحديث يدل على أن الرجل إذا طلق امرأته ثلاثا في مجلس واحد تقع واحدة ويجوز له أن يراجعها وهو الحق الثابت عن رسول الله - صلى الله عليه وسلم - ، وسيجيء تحقيق هذه المسألة إن شاء الله تعالى

Words of (Musnad) Ahmad are Rakaanah divorced his wife three times in one sitting,  then he regretted it, so the Prophet (peace and blessings of Allaah be upon him) said, “This is only one (divorce).”

This hadeeth indicates that if a man divorces his wife three times inone sitting it will count only one and it is allowed to take her back, and this is truth and proven from Prophet peace be upon him.

Awn al Mabood fe Abu Dawud Kitab at Talaq hadeeth no: 2196

 
Total Takhreej of This hadeeth can be found herehttp://www.islamweb.net/hadith/hadithServices.php?type=1&cid=1055&sid=4883

 .

7. Fatwa of Umar bin Al Khattab ra 

• Hadeeth no: 2 

Ibn 'Abbas (Allah be pleased with them) reported that the (pronouncement) of three divorces during the lifetime of Allah's Messenger (may peace be upon him) and that of Abu Bakr and two years of the caliphate of Umar (Allah be pleased with him) (was treated) as one.But Umar b. Khattab (Allah be pleased with him) 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 Book 9, Number 3491)

.

• Comment

It was Ijma of Sahaba at the time of Prophet peace be upon him and at the time of Abu Bkar radhiallah anho and first few years of Omar Radhiallahanho that Three talaq at a time = One after that Omar Radhi Allahanho Imposed his Fatwa because of Reason as Omar RadhiAllah anho himself said Verily the people have begun to hasten in the matter in which they are required to observe respite . This Fatwa was on Those people not on Us Omar RadhiAllahAnho Can not change Shariyah forever as Quran says in surah Al Maidah that deen is Complete

• Scholars who agreed that Fatwa of Omar RA was political.

Its proven from the Athar itself that Omar ra Imposed his Fatwa due to reason but still i am quoting names of Hanafi scholars, Due to length i am just quoting reference if someone want quotations then i will quote quotations.

1. Tahtawi hanafi in Hashiyah durre Mukhtaar vol 2 page 128
2. Allama Qahistani Hanafi in Jami`e Al Ramooz page 331
3. Peer Karam Shah Azhari brelvietc

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Some Fatwas of Omar RA which he imposed due to some reason and those were for that time but not till the day of judgment

• a) Going against Tayammum 

Abd al-Rabmin b. Abza narrated It on the authority of his father that a man came to 'Umar and said: I am (at times) affected by seminal emission but find no water. He ('Umar) told him not to say prayer. 'Ammar then said. Do you remember, 0 Commander of the Faithful, when I and you were in a military detachment and we had had a seminal emission and did not find water (for taking bath) and you did not say prayer, but as for myself I rolled in dust and said prayer, and (when it was mentioned before) the Apostle (may peace be upon him) said: It was enough for you to strike the ground with your hands and then blow (the dust) and then wipe your face and palms. Umar said: 'Ammar, fear Allah. He said: If you so like, I would not narrate it.(Saheeh Muslim Book 3, Number 0718)
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1. Comment

Shaykh Abdul Rahman Kilani said this was due to the reason that people will take negative advantage of easiness provided by Islam.

Note: Shias can not not degrade Umar ra from above hadith see the reply by Brother Bassam Zawadi here:"Refuting the Shia Argument That Umar Forbade Narrating The Comments of the Prophet"

http://www.ahlalhdeeth.com/vbe/showthread.php?t=3408&highlight=Tayammum

• b) Burning the house of Drunkard (Kitab al Amwaal page 102)

• c) Fatwa of Stopping Hajj Tamattu(Umrah with Hajj)

 Abu musa (Allah be pleased with him) said: I came to the Messenger of Allah (may peace be upon him) as he was encamping at Batha. He said to me: Did you intend to perform Hajj? I said: Yes. He again said: With what intention have you entered into the state of Ihram (for Ifrad, Qiran or Tamattu'). I said: I pronounced Talbiya (I have entered into the state of Ihram ) with that very aim with which the Apostle of Allah (may peace be upon him) is pronouncing Talbiya. He (the Holy Prophet) said; You have done well. Then circumambulate the House and run between al-Safa' and al-Marwa' and put off Ihram (as you have not brought the sacrificial animals along with you). So I circumambulated the House, and ran between al-Safa' and al-Marwa' and then came to a woman of the tribe of Qais and she rid my head of the lice. I again put on Ihram for Hajj. and continued giving religious verdict (according to this practice) till during the Caliphate of Umar (Allah be pleased with him) when a person said to him: abu musa, or Abdullah b. Qais, exercise restraint in delivering some religious verdict of yours, for you do not know what has been introduced after you by the Commander of the Believers in the rites (of Hajj). Thereupon he said: 0 people, whom we gave the religious verdict (concerning putting off Ihram ) they should wait, for the Commander of the Believers is about to come to you, and you should follow him. Umar (Allah be pleased with him) then came and I made a mention of it to him. whereupon he said: If we abide by the Book of Allah (we find) the Book of Allah has commanded us to complete the (. Hajj and 'Umra), and if we abide by the Sunnah of Allah's Messenger (may peace be upon him), we find that Allah's Messenger (may peace be upon him) did not put off Ihram till the sacrificial animal was brought to its end (till it was sacrificed). (Sahih Muslim Book #007, Hadith #2810)

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• Comment 

Same is the case with fatwa of three talaaq Omar RA imposed due to some reason that fatwa was on those people not on us, if the fatwa of Talaaq is still on us then why above mentioned fatwas were on them but not on us??

.

8. Fatwas of Sahaba Tabiyeen and Muhadditheen 

• a) Fatwa of Ibne Abbas RadhiAllah anho

 Ibn Qayyam Rah quoted from Sunan Abu Dawud 

. حماد بن زيد عن أيوب عن عكرمة عن ابن عباس رضي الله عنهما إذا قال: أنت طالق ثلاثا بفم واحد فهي واحدة وهذا الإسناد على شرط البخاري .

 Ibn e Abbas May Allah be please with him said If someone says you are thrice divorced then it is only one. This Chain is on the criteria of Imam Bukhari.
.Note:
Some Times some sahaba including Ibne Abbas RadhiAllahanho also Imposed the Talaq of Husband on his wife, due to Punishment, and Scholars of Ahlus sunnah say that we should also see the situation before issuing Fatwa.

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Mawatta Imam Malik Book of Divorce, Section: The 'Irrevocable' Divorce

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."(end)

So Here we can see Ibne Abbas RadhiAllahanho imposed fatwa because of Punishment, due to different circumstances then the previous one. 

• b) FATWA OF ATA BIN ABI RIBAH (Tabiyee).

Ata bin abi Ribah RA said

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عن عطا قال ان طلقت امراة ثلاثا ولم تجمع فانما هى واحدة بلغنى ذالك عن ابن عباس

If you divorce your wife three times and did not gather(again) then it is only one divorce because I have heard that Ibn e ABBAS RA said same [Musannif abdul razzaq vol 6 page 335 no: 1106]

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• c) Fatwa of Tawus

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عن ابن شهاب ، أن ابن عباس قال : " إذا طلق الرجل امرأته ثلاثا ، ولم يجمع كن ثلاثا " قال : فأخبرت ذلك طاوسا قال : فأشهد ما كان ابن عباس يراهن إلا واحدة .

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Ibne Shahab said that Ibn Abbas said: " If a man divorces his wife three times,and did not gather they will be counted three, I (Ibne Shahab Zuhri) told this to Tawus (Student of Ibne Abbas) He said: I am witness that Ibne Abbas considered it only one.[Musannif Abdul Razzaq Vol 6 page 335 hadeeth no: 11077]

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• c) Ibn e Hajar asqalani mentioned those who declared 3 talaq at a time is 1

وهو قول محمد بن إسحاق صاحب المغازي، واحتج بما رواه عن داود بن الحصين عن عكرمة عن ابن عباس قال ‏"‏ طلق ركانة بن عبد يزيد امرأته ثلاثا في مجلس واحد، فحزن عليها حزنا شديدا، فسأله النبي صلى الله عليه وسلم‏:‏ كيف طلقتها‏؟‏ قال‏:‏ ثلاثا في مجلس واحد فقال النبي صلى الله عليه وسلم‏:‏ إنما تلك واحدة، فارتجعها إن شئت‏.‏

فارتجعها ‏"‏ وأخرجه أحمد وأبو يعلى وصححه من طريق محمد ابن إسحاق‏.‏
وهذا الحديث نص في المسألة لا يقبل التأويل الذي في غيره من الروايات الآتي ذكرها‏.‏
 

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And this is the saying of (1)Muhammad bin Ishaq Sahib AL MAGHAZI and he take evidence from Dawood bin Husain from Ikrimah from Ibne Abbas ra, Rukanah bin Abd Yazeed divorced his wife three times. He became too sad, Prophet Peace be upon him asked How do you divorced? (كيف طلقتها) Rukanah said I have given 3 talaaq. Prophet Peace be upon him asked in a single Majlis? He (rukahan) said YES. (Prophet) said Then it is only one talaaq if you want to do ruju (with ur wife) you can. Rukahnah did ruju

and Imam Ahmad and Abu yala mentioned this and authenticated from the turq of Muhammad bin Ishaq and this hadeeth is Nus in this Masla we can not do taweel (end)

 

• Then Ibne Hajar asqalani  said.

 الرابع أنه مذهب شاذ فلا يعمل به، وأجيب بأنه نقل عن علي وابن مسعود وعبد الرحمن بن عوف والزبير مثله، نقل ذلك ابن مغيث في ‏"‏ كتاب الوثائق ‏"‏ له وعزاه لمحمد بن وضاح، ونقل الغنوي ذلك عن جماعة من مشايخ قرطبة كمحمد بن تقي بن مخلد ومحمد بن عبد السلام الخشني وغيرهما، ونقله ابن المنذر عن أصحاب ابن عباس كعطاء وطاوس وعمرو بن دينار‏.‏
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Andthey say this is Odd Madhab there is no practice on this, reply is that this(the madhab of 3 talaq=1) is narrated from (2) Ali, (3)Ibne Masood, (4)Abdul Rahman bin Awf and (5)Zubair (RadhuAllahanhun) same is mentioned by Ibn e Mugeeth in Kitab al wathaiq and Muhammad bin Wadah attributed to him, and Ghanwi mentioned same(madhab) from Scholars of Qartaba like (6)Muhammad bin Taqi bin Muhammad,(7)Muhammad bin Abdus Salam Al Hashni etc, And Ibn e Munzar mentioned (same fatwa) from Companions of (8)Ibn e Abbas ra Like (9) Ata (bin abi ribah),(10)Tawus(bin Kaisan),(11)Omar bin Dinar (end) 

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• d) Fatwa of Ibne Katheer 

We all know the Fatwa of Shaykh ul Islam Ibne Tamiyah Rahimullah that it was 3 talaq at a time=1, Ibn Kathir as a staunch follower of Ibn Taymiyya in his views, due to which he was persecuted, and amongst the views he supported was three talaqs in one session being counted as one. For instance, Ibn Qadhi Shuhba from his Tabaqat Tabaqat al-Shafi’iah
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كانت له خصوصية بابن تيمية ومناضلة عنه واتباع له في كثير من آرائه وكان يفتي برأيه في مسألة الطلاق وامتحن بسبب ذلك وأوذي “Ibn Kathir had a special relationship with Ibn Taymiyya, who was his defender, and follower of many of his views. He would issue verdicts in accordance with his view with respect to Talaq, due to which he placed under hardship and harmed. 
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• e) Abu hiyan al Andalusi said

وما زال يختلج في خاطري أنه لو قال: أنتِ طالق مرتين أو ثلاثاً، أنه لا يقع إلاَّ واحدة، لأنه مصدر للطلاق، ويقتضي العدد، فلا بد أن يكون الفعل الذي هو عامل فيه يتكرر وجوداً، كما تقول: ضربت ضربتين، أو ثلاث ضربات،  
 From the wordings of Quran (At talaq marrataan) it always appear in my heart that if a man say 2 or 3 times talaq at a time, it will be considered only one.[in his Commentary of Quran under ayah 229 of Surah Al- Baqrah] 

 source of tafsir: http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=19&tSoraNo=2&tAyahNo=229&tDisplay=yes&Page=24&Size=1&LanguageId=1

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• f) Fkhar ud Din Al Razi said under 2:229

: وهو اختيار كثير من علماء الدين، أنه لو طلقها اثنين أو ثلاثاً لا يقع إلا الواحدة، وهذا القول هو الأقيس، لأن النهي يدل على اشتمال المنهي عنه على مفسدة راجحة، والقول بالوقوع سعى في إدخال تلك المفسدة في الوجود وأنه غير جائز، فوجب أن يحكم بعدم الوقوع. 

 Large number of scholars of Islam have maintained that even if talaq is pronounced two or three times it will be only one. and this saying is more probable since what is prohibited is harmful, and those who maintain that (three divorces) take place are striving to resort to corrupt and harmful practices and it is inadmissible So it is Obligatory to maintain its inadmissibility(end)

source: http://altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=4&tSoraNo=2&tAyahNo=229&tDisplay=yes&UserProfile=0&LanguageId=1

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•  g) Fatwa of Imam Ibn Rashd Qurtubi a Maliki Jurist :

There is consensus of all the Ulemas that giving 3 divorce on separate times the divorce taken place, But there is difference when instead of separate if the divorce is given in one sitting 3 times then whether the divorce will taken place or not,The contention of the majority of the scholars is that three pronouncements of divorce are equal to three divorces. The Dhahiriyah and a group of others hold that such an act is equal to only one divorce. and we on the basis of Proofs of Shariah are of the view that those people who are of the view that 3 talaq in one time will be counted as 3 are finishing the wisdom Shariah rules. [ Bidayat Al-Mujtahid Waghasyat Al-Maqtasid 2/61-63 ]

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• h) Fatwas of Shaykh ul Islam Ibne Tamiyah,(I) Bin Baz, (j)Ibne Uthaymeen and (k) al-Sa’di  (may Allaah have mercy on them)

It is mentioned in Fatwa no: 96194 of Islam qa

The fuqaha’ differed concerning the threefold divorce (talaaq). The correct view is that it counts as one divorce, whether it is uttered in a single phrase, such as saying “You are thrice divorced” or in repeated words such as saying, “You are divorced, you are divorced, you are divorced.” This is the view favoured by Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) and was the view regarded as most correct by Shaykh al-Sa’di (may Allaah have mercy on him) and Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him). 

They quoted as evidence the hadeeth narrated by Muslim (1472) from Ibn ‘Abbaas (may Allaah be pleased with him) who said: At the time of the Messenger of Allaah (peace and blessings of Allaah be upon him), Abu Bakr and the first two years of ‘Umar’s caliphate, a threefold divorce was counted as one. Then ‘Umar ibn al-Khattaab said: People have become hasty in a matter in which they should take their time. I am thinking of holding them to it. So he made it binding upon them. source: http://www.islam-qa.com/en/ref/96194/

• Shaykh bin Baz said.

This (three divorce in one sitting=1) was the view of Ibn ‘Abbaas (may Allaah be pleased with him) according to a saheeh report narrated from him; according to the other report narrated from him he shared the view of the majority. The view that they should be regarded as one divorce was narrated from ‘Ali, ‘Abd al-Rahmaan ibn ‘Awf and al-Zubayr ibn al-‘Awwaam (may Allaah be pleased with them).

This was also the view of a number of the Taabi’een, Muhammad ibn Ishaaq the author of al-Seerah, and a number of the earlier and later scholars. It was also the view favoured by Shaykh al-Islam Ibn Taymiyah and his student Ibn al-Qayyim (may Allaah have mercy on them). This is also my view, because that is following all of the texts, and because it is also more merciful and kind to the Muslims. Fataawa Islamiyyah, 3/281, 282. 

 Fatwas of Other Scholars

• a) Imam Baghawi said

فرع قال البغوي ولو قال أنت بائن باثنتين أو ثلاث ونوى الطلاق وقع ثم إن نوى طلقتين أو ثلاثا فذاك 

If a person says to his wife, “You are separated by two or you are separated by three”, and he intends divorce then divorce will take place according to the number he intended.”(Rawdha al-talibeen 7/73" 

• According to this group of scholars, if He Intended 1 Divorce then 1 will take place and if two then two will take place.

• b) Imam Ibn Qudamah stated

إذا قال لزوجته : أنت طالق ثلاثا فهي ثلاث وإن نوى واحدة“

"If a husband says to his wife “You are divorced thrice” then three divorces take place even though he intended only one.”(Al-Kafi 3/122 )

• So According to This View if Husband says three talaq at once even if he intended 1 Divoce, then the Divorce will be take place.

9. What should we do when there is Difference of Opinion 

Allah says:(59. O you who believe! Obey Allah and obey the Messenger, and those of you who are in authority. If you differ in anything among yourselves, refer it to Allah and His Messenger, if you believe in Allah and in the Last Day. That is better and more suitable for final determination.)

• .a) Ibne Katheer Commented

 (And those of you who are in authority) in the obedience to Allah which they command you, not what constitutes disobedience of Allah, for there is no obedience to anyone in disobedience to Allah, as we mentioned in the authentic Hadith,
«إِنَّمَا الطَّاعَةُ فِي الْمَعْرُوف»
(Obedience is only in righteousness.)(end)

• b) Prophet (peace and blessings of Allaah be upon him) said ,

"There is no obedience to a created being if it involves disobedience of the Creator” (reported by Ahmad, 1041; a saheeh hadeeth)

• c) The Prophet (peace and blessings of Allaah be upon him) said:

“None of you truly believes until I am more beloved to him than his son, his father, and all the people.” (Reported by al-Bukhaari, 63)

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Conclusion

1. According to Quran Divorce time is three menstrual periods not three seconds 
2. In monthly perids of a woman, it is prohibited to divorce and Divorce will not happen according to the correct opinion of Scholars. 
3. Saying three talaq at a time is prohibited. 
4.  There is no Talaaq in anger according to hadith. 
5. Halala (Tehleel marriage) is prohibited and Zina (womam will not be allowed for first husband after this haram marriiage) 
6. Saying three talaq at a time will be counted as only one but sometimes qazi can impose these talaq due to punishment according to circumstances, but the main rule is three talaq at a time is only one talaq. 
7. If there is dispute in some case (like in issue of divorce) then we should  refer it to Allah and His Messenger 

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