If someone pronounces the Talaq three times in one instance in a fit of rage with his wife, has the divorce been established or not? Please favor with clarification in the light of Quran and Sunnah. Thank you.
In the name of Allah, the Most Merciful.
Pronouncing divorce three times in one instance is strictly forbidden (according to the majority of Ulamah) and it would count as one divorce.
Here are some hadiths that support this view and opinions of the scholars on this issue:
- According to a very famous book of Hanafis, Hidayah (part 2/355 chapter on Attalaqu Assunnah), three divorces pronounced in one sitting are regarded as innovation and the one who divorces like that is a sinner. The husband has full right to return to his wife even after uttering triple Talaq in one sitting during one period of purity (Tuhar)
- Imam Ibne Taimiya (r.a) says: “Allah does not say that they are two divorces but they are two when occurring at two different times. If someone says to his wife “I give you two divorces or ten divorces or thousand divorces; all will be counted equal to one.” (Fatawa Ibne Taimiya ra 47/3 Ancient Egypt)
- Hafiz Ibn Qayyam (r.a) says “in Arabic “marrataan” means marratan baa’d marratin (one after another) rather than only a verbal repetition. This is manifested in the holy Quran and the Hadiths.
- Allama Abu Bakr Hisas Hanafi says that “Attalaqu marratan” means two divorces given at two different times. Whosoever has pronounced two divorces at the same time, in fact has opposed to the commandment of Allah Almighty.
- Abdullah Ibn Abbas (Radi Allahu Anhuma) narrates that Abd Yazid Abu Rukanah (Radi Allahu Anhu) gave three Talaqs to his wife in one sitting and then became saddened. The prophet (peace be upon him)asked him “how did you divorce” He said “I have given three Talaq” the prophet pbuh said “did you do so at the same time” Yazid Abu Rukanah ra said “yes” the prophet said that only one Talaq occurred so you can go back to your wife if you wish. Abu Rukanah (ra) returned to his wife. (Bukhari and Muslim)
Allah knows best.