13. Muawiya ibn Abi Abbas رضی اللہ تعالٰی عنہ states that a person once asked Hadrat Abdullah ibn Abbas رضی اللہ تعالٰی عنہ and Hadrat Abu Hurairah رضی اللہ تعالٰی عنہ "What is the ruling on a person who gives his wife three talaaqs at once?" Hadrat Abu Hurairah رضی اللہ تعالٰی عنہ replied, "One talaaq separates them and three makes her Haraam on him. Without Halaala, Nikah is incorrect." Hadrat Abdullah ibn Abbas رضی اللہ تعالٰی عنہ stressed this. The Hadith is, “عن معاویۃ ابن عیاش ابن عباسو اباھریرۃ وعبداللہ ابن عمر و ابن العاص سئلوا عن البکر ویطلقھا زوجھا ثلثا قال لا تحل لہ حتّٰی تنکح زوجا غیرہ وروٰی مٰلک عن یحےی ابن سعید عن بکیر ابن اشج عن معاویۃ ابن ابی عیاش انہ شھد ھٰذاہ القصۃ” - Abu Dawood, Baabu Nashkil-Muraajiah ba 'ada Tatleeqith-Thalaath
14. Bisaam Sareeqi رضی اللہ تعالٰی عنہ states that Hadrat Jafar ibn Muhammad رضی اللہ تعالٰی عنہ once said, "Anyone who intentionally or unknowingly gives his wife three talaaqs causes that woman to become Haraam on him." - Baihaqi
15. Muslima ibn Jafar Ahmad رضی اللہ تعالٰی عنہ once asked Imam Jafar ibn Muhammad رضی اللہ تعالٰی عنہ Do you say that giving three talaaqs at once is equal to only one?" He answered, "Ma'azallah (Allahعزوجل forbid)! Never have I said this.
Three talaaqs will be three." - Tafseer Roohul-Ma'ani, Second Parah
16. In the time of Hadrat Umar رضی اللہ تعالٰی عنہ it was ruled that three tataaqs given at once will be three. The extract is, “فقال عمر ابن الخطاب ان الناس قد استعجلوا فی امر کانت لھم فیہ اناۃ فلو امضیناہ علیھم فامضاہ علیھم” Muslim, Kitaabut-Talaaq, Baabut-Talaaqith- Thalaath
17. The Sahaaba have also had consensus (ijmaa) on three given talaaqs being three. It is clear that they cannot agree or have ijmaa on something that is wrong. - Sharah Muslim by Imam Nawawi رضی اللہ تعالٰی عنہ under the abovementioned Hadith
18. Logically, when a husband has the rights to give three talaaqs, why would only one occur when he wishes to give all? The usage of the owner is credible.
19. An action being Haraam doesn't cause the ruling or law to change. Definitely, to give three talaaqs at once is strictly prohibited, but when the husband does so, why shouldn't they be complete? To slaughter an animal with a stolen knife is Haraam, but if someone does slaughter with it, the animal is Halaal. Giving talaaq in the state of menstruation (haiz) is Haraam, but if someone does this, it will be counted.
20. In elimination, consequence is related to the cause. If cause is found, its consequence becomes necessary. Hidaaya states, "In elimination, ruling cannot be separate from its reason." 28.J4 - Kitaabul-Wakaalat
Saying "Talaaq" is reason and Talaaq occurring is its consequence and ruling. Tataaq is to remove the wife from the property of the husband. Thus, it is not possible for the cause to be found but its consequence to not be found, i.e. the husband says three talaaqs but only one occurs.
21. The overwhelming majority of the Ulama, especially Imam Abu Hanifa, Shafee, Maalik and Ahmad ibn Hambal رضی اللہ تعالٰی عنہ rule that giving three talaaqs at once causes all three to occur. Opposing this is opposing the Muslim Ummah and this is deviance.
In short, this ruling is proven from the Quran, Hadith, consensus of the oahaaba, rulings of the Ulama, Muhadditheen and Mufassireen and even logically. Disagreeing with it is opposing transmitted proofs and is against common sense.
OBJECTIONS AND ANSWERS
TO THREE TALAAQS AT ONCE BEING THREE
OBJECTION 1: Allah states, “الطلاق مرتٰن فامساک بمعروف او تسریح باحسان”.
From the 'faa' in 'Faa'in', it is known that giving separate talaaqs is a requirement. Giving three at once is definitely not separate. ('Marrataan' denotes division.)
Answer - There are a few replies to this,
1. This ayat doesn't mean that three talaaqs given at once will only equal one. Rather, its aim is to show us that Talaaq-e-Rajee (Talaaq until which you can take back the wife) is only until two given talaaqs. The article in 'At-Talaaq' is delegated (ahdi). It has thus been said, "For whoever gives more than two (i.e. three), the woman doesn't become Halaal for him without Halaala." Tafseeraat-e-Ahmadia, Saawi and Jalaalain state, “الطلاق ای التطلیق الذی یراجع بعدہ مرتن ای اثنتن”.
2. If, hypothetically, it is believed that 'marrataan' orders the separation of talaaqs, then saying, "Talaaq is for you. Talaaq is for you. Talaaq is for you." is segregation in words. Even saying, "You are given three talaaqs," has numerical separation. From where did you deduce that the period of one menstruation is a condition between talaaqs? Allahعزوجل states, "Look towards the sky repeatedly." 28.17 This doesn't mean that it should be looked at once a month.
3. According to your explanation, this ayat will mean that talaaq should be given separately. We too say that giving talaaqs all at once is strictly prohibited. Giving them separately is necessary, but the question is: if a person, out of stupidity, gives three talaaqs at once, will they occur or not? The ayat is silent about this.
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