CHAPTER TWENTY-EIGHT

GIVING 3 TALAAQS AT ONCE EQUALS 3

If someone gives his wife three Talaaqs at once, even though he has done something disliked, all three will be counted for, not one. This woman now becomes Halaal for him only after Halaala. The Ghair-Muqallids (those who reject the Four Imams) and Wahabies of today refute this and say that in this case, only one talaaq has been given and to return to the woman (rujoo) is correct.

INTRODUCTION

If you want to give Talaaq, it is best to give only one in a Tohr (period of purity after menstruation). If you wish to give all three however, give one talaaq in one Tohr each. Now, if a person gives talaaq to a woman while she is in menstruation (haiz) or gives all three talaaqs at once, then although he has done something abhorred, whatever amount of talaaqs he has given are complete and emplaced. There are three situations in giving all three talaaqs simultaneously:

1.If a man gives three talaaqs at once to his wife who he has made Nikah to but has not had intimacy (khalwat) with yet in the following way, "Talaaq is for you. Talaaq! Talaaq!" (i.e. separately), then in this case, only one Talaaq has been given and the rest are not counted, because the woman comes out of the marriage on the man saying the first one (and there is no iddat Waajib on her). Nikah or Iddat is required for Talaaq to occur. Yes, if he said to his wife, "You are given three talaaqs," (i.e. at once) then all three will be counted because in this case, the three talaaqs occurred in the presence of Nikah. - General Books

2. If a man gives three talaaqs to his wife with whom he has been intimate with in this manner, "Talaaq is given to you. Talaaq! Talaaq!" with the last two talaaqs being said with the intention of emphasizing the first (and not to mean two separate talaaqs), still too would only one talaaq have occurred (though the Islamic judge (Qaadhi) will not accept this excuse). This is because he actually emphasized one talaaq with two accentuations, similar to a person saying, "l'll drink water. Water, water," or, "I'll go tomorrow. Tomorrow, tomorrow", etc." In these cases, the last two words are emphasis for the first.

3. Concerning a man who gives all three talaaqs at once to his wife with whom he has been intimate with in any of these manners, "Three talaaqs are for you," or, ''Talaaq is for you, talaaq is for you, talaaq is for you," then in this case, all three talaaqs will have occurred. This woman is not Halaal for him without Halaala (process after which a woman may remarry her ex-husband). Imam Abu Hanifa رضی اللہ تعالٰی عنہ, Imam Shafee رضی اللہ تعالٰی عنہ, Imam Malik رضی اللہ تعالٰی عنہ, Imam Ahmad ibn Hambal رضی اللہ تعالٰی عنہ, the fanner and latter Ulama as well as the overwhelming majority of Jurists are agreed upon this. Yes, some surface-Maulwis oppose the last case.

Under the ayat, “فان طلقھا فلا تحل لہ الایہ” Allama Saawi رضی اللہ تعالٰی عنہ writes, "The Ulama of the Ummah are unanimous that if a man gives his wife three talaaqs separately or all at once, the woman becomes Haraam on him.',28.2 - Tafseer Saawi

Imam Nawawi رضی اللہ تعالٰی عنہ writes, "Concerning any person who says to his wife, "You are given three talaaqs," all Four Imams (Imam Abu Hanifa رضی اللہ تعالٰی عنہ, Imam Shafee رضی اللہ تعالٰی عنہ, etc.), as well as the fanner and latter Ulama, rule that all three have been given. Yes, some Ahle-Zaahir (Ghair-MuqaIlids) say that only one is counted." 28.3-Sharah Muslim, Vol. 1, Baabut-Talaaqith-Thataotk

In fact, some individuals such as Hajaaj ibn Artaat, Ibn Maqaatil and Muhammad ibn Ishaaq say that not even one talaaq will be given! - Ibid

The Ghair-Muqallids (rejecters of following the Four Imams) of today, in the Taqleed of Ibn Taymia, believe three talaaqs given at one time to be only one, proving that their deen is based on weak: and absurd opinions. Under the ayat, “فان طلقھا فلا تحل لہ الایہ” Imam Saawi رضی اللہ تعالٰی عنہ states, ''No one has said, "Three talaaqs which have been given at once equal only one" except Ibn Taymia, whose stance on this issue was rejected by the Imams of his own muzhab (Hambali). The Ulama further state that Ibn Tayrnia was deviant and also made others astray. Associating this ruling to Imam Ash'hab Maliki رضی اللہ تعالٰی عنہ is wrong." 28.5 - Tafseer Saawi

Anyway, we come to know that merely for ease, those who reject the Four Imams (e.g. Imam Abu Hanifa رضی اللہ تعالٰی عنہ etc.) have adopted this ridiculous ruling as their belief. Thus, I shall now discuss this rule in detail.

PROOF QF GIVING THREE TALAAQS AT ONCE BEING THREE

It is best to give only one talaaq. More shouldn't ever be given, but if you do wish to give three, give one talaaq in one Tohr (period of purity after menstruation). Hence, three talaaqs should be given in three separate Tohrs. To give a few talaaqs at once is not pleasant, but if a person does so, the amount of talaaqs said will equal the amount complete, e.g. 2 talaaqs said will equal 2 being given, 3 said will equal 3, etc. So, although the person who gives all three at once has done something detested, all three talaaqs will occur (similar to giving one talaaq during menstruation). It isn't nice, but it still counts. Proof of this follows:

1. Allahعزوجل states, “فان طلقھا فلا تحل لہ الایہ” and thereafter, “الطلاق مرتٰن فامساک بمعروف او تسریح باحسان”.

It is known from this ayat that the right of taking back the wife (rujoo) is only until two talaaqs, not three. 'Marrataan' is applied here to demonstrate that giving the talaaqs separately is not a condition without which the talaaqs will not occur.

Whether they are given separately or all at once, this will be the ruling. Imam Saawi رضی اللہ تعالٰی عنہ writes under this ayat, "The aim of this ayat is that if three talaaqs were said, they will be complete, irrespective of whether they were given all at once or separately. The woman doesn't remain Halaal.”28.8 - Tafseer Saawi

He further states, "If a person says, "You are given three talaaqs," then three talaaqs have occurred. The Ummah of Rasoolullahصلی اللہ علیہ وسلم have agreed on this." 28.9 ­Ibid

Other books of Tafseer state likewise.