Triple Talaq

Quran and Sunnah as understood by the Salaf : Islam is A Complete System of Life

In the name of Allah, the Most Gracious, the Most Merciful Article Contents 1. The Criteria of Divorce in Qur'an 2. Divorce in Menstrual cycle is Prohibited 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 10. Discussion

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

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2. Divorce in Menstrual cycle is Prohibited 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.

?Proof of those who say it will count but it is Prohibited:★

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a) Bukhari Narrated 'Abdullah bin 'Umar: that he had divorced his wife while she was menstruating during the lifetime of Allah's Apostle . 'Umar bin Al-Khattab asked Allah's Apostle about that. Allah's Apostle said, "Order him (your son) to take her back and keep her till she is clean and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to keep her, he can do so, and if he wishes to divorce her he can divorce her before having sexual intercourse with her; and that is the prescribed period which Allah has fixed for the women meant to be divorced."[Volume 7, Book 63, Number 178] Comment: This group of scholars say that When Prophet peace be upon him ordered him to take her back then surely the divorce was counted otherwise why Prophet peace be upon him ordered to take her back rather then saying the divorce is not count? .

b) Bukhari Narrated Ibn 'Umar:

(Divorcing my wife during her menses) was counted as one legal divorce.[Volume 7, Book 63, Number 180] Comment: When Ibne Umar ra himself said it was counted then there is no other way but to accept that the divorce was counted.

?Proof of those scholars who say divorce in periods is prohibited and it will not count ★

a) Abu Dawud

????? ???? ???? ??? ???? ???? ???? ??? ???? ????

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

Quran and Sunnah as understood by the Salaf : Islam is A Complete System of Life

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] . Note: According to this group of scholars (like Imam Shafiee, Khattabee,Ibn Hajar) If this is authentic then it means, Prophet peace be upon him did not considered the divorce which is prescribed in Islamic law, and It is Prohibited to divorce in periods but the divorce will count .

d) Sunan Nisaee

‫ﺃﻧﻪ ﻃﻠﻖ ﺍﻣﺮﺃﺗﻪ ﻭﻫﻲ ﺣﺎﺋﺾ ﻓﺮﺩﻫﺎ ﻋﻠﻴﻪ ﺭﺳﻮﻝ ﺍﷲ ﺻﻠﻰ ﺍﷲ 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 AnNisaee 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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?Fatwas:★

a) Qadhi Shawkani said

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

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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

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that he will not mention (any hadith) except authentic narration on the conditions of (bukhari and Muslim) . source: http://www.islamweb.net/newlibrary/display_book.php?ID=888&start=0&idfrom=2095&idto=210 0&bookid=47&Hashiya=5 .

Note: Chain from Ibne Hazam in "Al Mohalla" is authentic . i) 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] . ii) Shaykh Ahmad Shakir said ???? ????? ???? ???. ??? ???? ????? ??? ?????? This chain is very Authentic and this narration is supporting the narration of of Abul Zubair [Nizam at Talaq fe Islam by Ahmad Shakir Page no:19]

Quran and Sunnah as understood by the Salaf : Islam is A Complete System of Life

Tamiyah Vol 33 page 81) Source:

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

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c) 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)]

d) 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

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

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

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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.

f) 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 and it is Prohibited (This is issue of fiqh one should take help from scholars in this case).

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3. Divorce/Talaaq three times in one sitting is Prohibited

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، ٍ‫ ﻋَﻦْ ﺍﺑْﻦِ ﻭَﻫْﺐ‬، َ‫ﺃَﺧْﺒَﺮَﻧَﺎ ﺳُﻠَﻴْﻤَﺎﻥُ ﺑْﻦُ ﺩَﺍﻭُﺩ‬ : َ‫ ﻗَﺎﻝ‬، ِ‫ ﻋَﻦْ ﺃَﺑِﻴﻪ‬، ُ‫ ﺃَﺧْﺒَﺮَﻧِﻲ ﻣَﺨْﺮَﻣَﺔ‬: َ‫ﻗَﺎﻝ‬ ُ‫ " ﺃُﺧْﺒِﺮَ ﺭَﺳُﻮﻝ‬: َ‫ ﻗَﺎﻝ‬، ٍ‫ﺳَﻤِﻌْﺖُ ﻣَﺤْﻤُﻮﺩَ ﺑْﻦَ ﻟَﺒِﻴﺪ‬ َ‫ﺍﻟﻠَّﻪِ ﺻَﻠَّﻰ ﺍﻟﻠَّﻪُ ﻋَﻠَﻴْﻪِ ﻭَﺳَﻠَّﻢَ ﻋَﻦْ ﺭَﺟُﻞٍ ﻃَﻠَّﻖ‬ ‫ ﻓَﻘَﺎﻡَ ﻏَﻀْﺒَﺎﻧًﺎ‬، ‫ﺍﻣْﺮَﺃَﺗَﻪُ ﺛََﻼﺙَ ﺗَﻄْﻠِﻴﻘَﺎﺕٍ ﺟَﻤِﻴﻌًﺎ‬ ‫ ﻭَﺃَﻧَﺎ‬، ِ‫ " ﺃَﻳُﻠْﻌَﺐُ ﺑِﻜِﺘَﺎﺏِ ﺍﻟﻠَّﻪ‬: َ‫ ﺛُﻢَّ ﻗَﺎﻝ‬، ‫ ﻳَﺎ‬: َ‫ ﺣَﺘَّﻰ ﻗَﺎﻡَ ﺭَﺟُﻞٌ ﻭَﻗَﺎﻝ‬، " ْ‫ﺑَﻴْﻦَ ﺃَﻇْﻬُﺮِﻛُﻢ‬ . ‫ ﺃََﻻ ﺃَﻗْﺘُﻠُﻪُ ؟‬، ِ‫ﺭَﺳُﻮﻝَ ﺍﻟﻠَّﻪ‬. 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] . The Chain is Authentic but a) Ibne Katheer said there is Inqitah (Discontinuity),[Commentary of Ibne Kathir Under 2:229], But Ibne Kathir Himself said regarding this hadeeth in another place "Narrated by Nisai with good and powerful chain"[Irshad al Faqeeh Vol 2 page 194] . Hafiz Ibne Kathir said this because the narrator Makhrama did not hear anything from his father according to him as

Imam Hakim said

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

"The group in Egypt said that he did not hear from his father in young age and some of them said he did hear (from his father)." 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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a) Ibne Abdul barr said ??? ???? ? ?? ???? ?? ???? : ????? ?? ???? ??? ? ????? ??? ???. ???? ??? ?????? : ??? ?? ???? ?? ???? : ??? ????? ???? ? ???? ?????? ?? ???? ?? ???? ???? ????? ?? ???? ???

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 father (end quote) Source of at Tamheed: http://islamweb.net/hadith/display_hbook.php?hflag=1&bk_no=692&pid=595 507

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

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] Following are the scholars who authenticated the hadith itself.

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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"Apparently 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). .

c) Hafiz Ibne Hajar said

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

d) Ibn Kathir himself authenticated as proven above

4. There is no Divorce/Talaaq in anger

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

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ٍ‫ﻻ ﻃَﻼﻕَ ﻭَﻻ ﻋَﺘَﺎﻕَ ﻓِﻲ ﺇِﻏْﻼﻕ‬ “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) .

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. . b) Shaykh Bin Baz said

If you uttered the words of divorce at a moment of intense anger and without realizing it, and

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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 is Ijma'(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.

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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." see also: http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=Fatw aId&Id=85936 http://islamqa.com/en/ref/22034/

Comment: 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).

5. Nikah of Tahleel (pre-planned Halala) is Haram and Zina . Following is the fatwa of Jame Masjid Kanz ul Eman Babri chowk Guru Mandir Karachi (The Masjid of Attaarees who are Qadri brailwis) Mufti says that "If there is a fear that the man will not give divorce after the nikah than the method is He (the person who is doing nikah) should say I will spend a night after my nikah with this woman or after the nikah if i take her more than one night then talaq Baen will For any query contact: [email protected] Phoca PDF

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happen...." Scan: http://img337.imageshack.us/img337/4368/halalafatwa2.jpg

Refutation of above shameful fatwa Ibn Abi Shayba who is teacher of Imam Bukhari, Made whole book with the name of "Refutation of Abu Hanifa" in al-Musannif and in the Chapter "Masla of muhallil and muhallal lahu" he 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.”[This is also narrated by Abd al-Razzaaq with his chain in his al-Musannif (6/2650), ad-Dahabee in Seyar ailam an-Nubala under the Tarjuma of Al-Amash] . Comment: Regarding the opinion of Ahlul Rai

a) Imam Tirmidhee said

in his Sunan under the commentary of the hadeeth “Allah has cursed the muhallil and the muhallallahu".

????? ??????? ?? ???? ???? ?? ???? ??? ??? ???? ???? ????? ?? ???? ???? ????? ?? ??? ????? ????? ??? ????? ??? ???? ???? ????? ??? ???? ????? ?????? ??????? ?? ??? ?? ?? ?????? ??? ??? ?? ?? ?????? ??? ??????? ????? ???? I heard Jarud bin Muadh he said that ((b)Imam) Wakee said in this chapter the opinion of ashaab 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) .

Source of Sunan Tirmidhee:http://hadith.al-

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‫‪islam.com/Page.aspx?pageid=192&TOCID=781&BookID=37&PID=2045‬‬

‫‪d) Ibne Qudamah said‬‬

‫ﺃﻥ ﻧﻜﺎﺡ ﺍﻟﻤﺤﻠﻞ ﺣﺮﺍﻡ ﺑﺎﻃﻞ ‪ ،‬ﻓﻲ ﻗﻮﻝ ﻋﺎﻣﺔ ﺃﻫﻞ ﺍﻟﻌﻠﻢ ; ﻣﻨﻬﻢ ﺍﻟﺤﺴﻦ‬ ‫ﻭﺍﻟﻨﺨﻌﻲ ‪ ،‬ﻭﻗﺘﺎﺩﺓ ‪ ،‬ﻭﻣﺎﻟﻚ ‪ ،‬ﻭﺍﻟﻠﻴﺚ ‪ ،‬ﻭﺍﻟﺜﻮﺭﻱ ‪ ،‬ﻭﺍﺑﻦ ﺍﻟﻤﺒﺎﺭﻙ ‪،‬‬ ‫ﻭﺍﻟﺸﺎﻓﻌﻲ‬ ‫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 ﺍﷲ 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 ﺍﷲ‬ ‫ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‪ -‬ﺳﻔﺎﺣﺎ ﻭﻗﺎﻝ‏‪:‬‏ ﻻ ﻳﺰﺍﻻﻥ ﺯﺍﻧﻴﻴﻦ‏‪,‬‏ ﻭﺇﻥ ﻣﻜﺜﺎ ﻋﺸﺮﻳﻦ ﺳﻨﺔ‬‫ﺇﺫﺍ ﻋﻠﻢ ﺃﻧﻪ ﻳﺮﻳﺪ ﺃﻥ ﻳﺤﻠﻬﺎ ﻭﻫﺬﺍ ﻗﻮﻝ ﻋﺜﻤﺎﻥ ﺭﺿﻲ ﺍﷲ ﻋﻨﻪ‬

‫‪Tahleel marriage is haraam and is invalid, This is the general saying of people of knowledge like‬‬ ‫‪Al Hasan, Nakhaee, Qatadah, Malik, Layth, Thawri, Ibn al Mubarak, Shafiee [Al-Mughni,‬‬ ‫‪Source:‬‬ ‫‪http://www.islamweb.net/newlibrary/display_book.php?idfrom=4740&idto=4‬‬ ‫] ‪744&bk_no=15&ID=4640‬‬

‫‪Then he 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 ﺍﷲ ﻋﻨﻬﻢ ﻭﺭﻭﻯ‬ ‫ﻧﺎﻓﻊ ‪ ،‬ﻋﻦ ﺍﺑﻦ ﻋﻤﺮ ‪ ،‬ﺃﻥ ﺭﺟﻼ ﻗﺎﻝ ﻟﻪ ‪ :‬ﺍﻣﺮﺃﺓ ﺗﺰﻭﺟﺘﻬﺎ ‪ ،‬ﺃﺣﻠﻬﺎ‬ ‫ﻟﺰﻭﺟﻬﺎ ‪ ،‬ﻟﻢ ﻳﺄﻣﺮﻧﻲ ‪ ،‬ﻭﻟﻢ ﻳﻌﻠﻢ ‪ .‬ﻗﺎﻝ ‪ :‬ﻻ ‪ ،‬ﺇﻻ ﻧﻜﺎﺡ ﺭﻏﺒﺔ ‪ ،‬ﺇﻥ‬ ‫‪For any query contact: [email protected]‬‬ ‫‪Phoca PDF‬‬

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‫ ﻭﺇﻥ ﻛﺮﻫﺘﻬﺎ ﻓﺎﺭﻗﻬﺎ‬، ‫ﺃﻋﺠﺒﺘﻚ ﺃﻣﺴﻜﻬﺎ‬ ‫ ﻻ‬: ‫ ﻭﻗﺎﻝ‬. ‫ ﻭﺇﻥ ﻛﻨﺎ ﻧﻌﺪﻩ ﻋﻠﻰ ﻋﻬﺪ ﺭﺳﻮﻝ ﺍﷲ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ ﺳﻔﺎﺣﺎ‬: ‫ﻗﺎﻝ‬ ‫ ﻭﻫﺬﺍ‬. ‫ ﺇﺫﺍ ﻋﻠﻢ ﺃﻧﻪ ﻳﺮﻳﺪ ﺃﻥ ﻳﺤﻠﻬﺎ‬، ‫ ﻭﺇﻥ ﻣﻜﺜﺎ ﻋﺸﺮﻳﻦ ﺳﻨﺔ‬، ‫ﻳﺰﺍﻻﻥ ﺯﺍﻧﻴﻴﻦ‬ ‫ﻗﻮﻝ ﻋﺜﻤﺎﻥ ﺭﺿﻲ ﺍﷲ ﻋﻨﻪ‬ If it is stipulated that it is tahleel before the marriage contract is done, but it is not mentioned in the marriage contract, or he intended it as a tahleel marriage without that being stipulated, then the marriage is also invalid. 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 of Al Mughni: http://www.islamweb.net/newlibrary/display_book.php?bk_no=15&ID=4640&i dfrom=4740&idto=4744&bookid=15&startno=1

. Note: According to us The practice of deobandis and barelvis is not proven from Imam Abu Hanifa Rahimullah with an authentic chain of narrators. As it is mentioned in al-'inayah bi sharh al-hidaya .

‫ﻭَﺫُﻛِﺮَ ﻓِﻲ ﺭَﻭْﺿَﺔِ ﺍﻟﺰَّﻧْﺪَﻭَﺳْﺘِﻲِّ ﺃَﻥَّ ﺃَﺑَﺎ‬ ٌ‫ ﺍﻟﻨِّﻜَﺎﺡُ ﺟَﺎﺋِﺰٌ ﻭَﺍﻟﺸَّﺮْﻁُ ﺟَﺎﺋِﺰ‬: َ‫ﺣَﻨِﻴﻔَﺔَ ﻗَﺎﻝ‬ ِ‫ﺣَﺘَّﻰ ﺇﺫَﺍ ﻟَﻢْ ﻳُﻄَﻠِّﻘْﻬَﺎ ﺍﻟﺜَّﺎﻧِﻲ ﺑَﻌْﺪَ ﻭَﻃْﺌِﻪ‬ ُّ‫ ﻭَﺗَﺤِﻞ‬، َ‫ﺇﻳَّﺎﻫَﺎ ﻳُﺠْﺒِﺮُﻩُ ﺍﻟْﻘَﺎﺿِﻲ ﻋَﻠَﻰ ﺫَﻟِﻚ‬ ِ‫ﻟِﻠﺰَّﻭْﺝِ ﺍْﻷَﻭَّﻝِ ﺇﺫَﺍ ﻃَﻠَّﻘَﻬَﺎ ﺍﻟﺜَّﺎﻧِﻲ ﺑِﺮَﺃْﻳِﻪ‬ . ُ‫ﺃَﻭْ ﺑِﺄَﻣْﺮِ ﺍﻟْﻘَﺎﺿِﻲ ﺇﻳَّﺎﻩ‬ ْ‫ ﻫَﺬَﺍ ﺍﻟْﺒَﻴَﺎﻥُ ﻟَﻢ‬: ِ‫ﻗَﺎﻝَ ﺍْﻹِﻣَﺎﻡُ ﻇَﻬِﻴﺮُ ﺍﻟﺪِّﻳﻦ‬

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. ِ‫ﻳُﻮﺟَﺪْ ﻓِﻲ ﻏَﻴْﺮِﻩِ ﻣِﻦْ ﺍﻟْﻜُﺘُﺐ‬ "It is mentioned in rawdhah that imam abu hanifa rahimahullah said: the nikah and the precondition (i.e. of the second man marrying with the precondition that he will divorce her after sex: his nikah and this precondition) is permissible, to such an extent, that if he (second man: i.e. "the rented ram") does not divorce her after having had sex with her, then the judge of shar'ii court should force him to divorce her. Andshe becomes halal for the first husband, when she is divorced by the second husband out of his own free will or by the qaadhi's order. Imam Zaheeruddin said: this statement is not found in any other book" (Translated by Abu Maryam in Islamic Awakening) . also see a) Tahleel marriage is haraam and invalid: http://www.islamqa.com/en/ref/109245/ . b) Refutation of Anwar Shah Kashmiri deobandi by Shaykh Abdul Rahman Mubarakpoori the author of Tohfa tul Hawdhi sharah Tirmidhee: http://www.ahlalhdeeth.com/vbe/showpost.php?p=12030&postcount=2 . c) Reconciling between the hadeeths which forbid tahleel and the hadeeth about the wife of Rifaa'ah http://www.islamqa.com/en/ref/159041/ . d) Is it permissible to ask Allah for his wife, whom he divorced three times, to marry a man who she does not get on with, so that he can take her back? http://www.islamqa.com/en/ref/140573/

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 ﺍﷲ ﺻﻠﻰ‬ ‫ﺍﷲ 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? (???

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Quran and Sunnah as understood by the Salaf : Islam is A Complete System of Life

??????) 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. Thus Rukahnah took her back. Ibn Abbas (may Allah be pleased with him) held the view that talaq should be at every clean period (after menses). . 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 but he is accepted if he narrates from other people then Ikrimah. but

Ibne Adyy said ‫ ﺻﺎﻟﺢ ﺍﻟﺤﺪﻳﺚ ﺇﺫﺍ ﺭﻭﻯ ﻋﻨﻪ ﺛﻘﺔ‬He is Good in hadeeth if some trustworthy Narrates from him (Tehzeeb 3/157) And Ikrimah is trustworthy so even here he is evidence, Many scholars accepted this chain of narrators.

Note: After doing criticism on the hadeeth Shaykh Shoaib Al Aranoot said ???? ??? ??? ??? ??? ????? ??? ?????? ??? ??????? ?? "??????? ??????" 3/22 ????? ??? ????? ?? "???

??????" 5/263 ?????? ???? ???? ?? ????? "??????"

??? ??? ????? ???? ?????? ???? ???? ?????? ?? "?????"

‫ﻋﻦ ﻋﻠﻲ ﻭﺍﺑﻦ ﻣﺴﻌﻮﺩ ﻭﻋﺒﺪ ﺍﻟﺮﺣﻤﻦ ﺑﻦ ﻋﻮﻑ ﻭﺍﻟﺰﺑﻴﺮ ﻭﺫﻛﺮ ﺫﻟﻚ ﺍﺑﻦ ﻣﻐﻴﺚ ﻓﻲ ‏"‏ ﻛﺘﺎﺏ ﺍﻟﻮﺛﺎﺋﻖ ‏"‏ ﻟﻪ ﻭﻋﺰﺍﻩ ﻟﻤﺤﻤﺪ‬ ‫ ﻭﻧﻘﻠﻪ ﺍﺑﻦ ﺍﻟﻤﻨﺬﺭ ﻋﻦ ﺃﺻﺤﺎﺏ ﺍﺑﻦ ﻋﺒﺎﺱ ﻛﻌﻄﺎﺀ ﻭﻃﺎﻭﺱ‬،‫ ﻭﻧﻘﻞ ﺍﻟﻐﻨﻮﻱ ﺫﻟﻚ ﻋﻦ ﺟﻤﺎﻋﺔ ﻣﻦ ﻣﺸﺎﻳﺦ ﻗﺮﻃﺒﺔ ﻛﻤﺤﻤﺪ ﺑﻦ ﺗﻘﻲ ﺑﻦ ﻣﺨﻠﺪ ﻭﻣﺤﻤﺪ ﺑﻦ ﻋﺒﺪ ﺍﻟﺴﻼﻡ ﺍﻟﺨﺸﻨﻲ ﻭﻏﻴﺮﻫﻤﺎ‬،‫ﺑﻦ ﻭﺿﺎﺡ‬ ‫‏‬.‫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 [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 ‫ ﻭﻗﺪ ﺃﺟﺎﺑﻮﺍ ﻋﻨﻪ ﺑﺎﺭﺑﻌﺔ ﺃﺷﻴﺎﺀ‬. ‫ﺫﻛﺮﻫﺎ‬ ‫‏ ﺃﺣﺪﻫﺎ ﺃﻥ ﻣﺤﻤﺪ ﺑﻦ ﺇﺳﺤﺎﻕ ﻭﺷﻴﺨﻪ‬:‫ﻭﻗﺪ ﺃﺟﺎﺑﻮﺍ ﻋﻨﻪ ﺑﺄﺭﺑﻌﺔ ﺃﺷﻴﺎﺀ‏‬ ‫ ﻭﺃﺟﻴﺐ ﺑﺄﻧﻬﻢ ﺍﺣﺘﺠﻮﺍ ﻓﻲ ﻋﺪﺓ ﻣﻦ ﺍﻷﺣﻜﺎﻡ ﺑﻤﺜﻞ ﻫﺬﺍ‬،‫ﻣﺨﺘﻠﻒ ﻓﻴﻬﻤﺎ‬ ‫ﺍﻹﺳﻨﺎﺩ ﻛﺤﺪﻳﺚ ‏"‏ ﺃﻥ ﺍﻟﻨﺒﻲ ﺻﻠﻰ ﺍﷲ 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 .

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

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َ‫ﻗُﻠْﺖ ﻭَﻫَﺬَﺍ ﺍﻟْﺤَﺪِﻳﺚُ ﻗَﺎﻝَ ﻓِﻴﻪِ ﺍﺑْﻦُ ﺇﺳْﺤَﺎﻕ‬ ِ‫ﺣَﺪَّﺛَﻨِﻲ ﺩَﺍﻭُﺩ ؛ ﻭﺩَﺍﻭُﺩ ﻣِﻦْ ﺷُﻴُﻮﺥِ ﻣَﺎﻟِﻚٍ ﻭَﺭِﺟَﺎﻝ‬ . ‫ ﺣَﺪَّﺛَﻨِﻲ‬. َ‫ﺍﻟْﺒُﺨَﺎﺭِﻱِّ ؛ ﻭَﺍﺑْﻦِ ﺇﺳْﺤَﺎﻕَ ﺇﺫَﺍ ﻗَﺎﻝ‬ ٌ‫ ﻭَﻫَﺬَﺍ ﺇﺳْﻨَﺎﺩ‬. ِ‫ﻓَﻬُﻮَ ﺛِﻘَﺔٌ ﻋِﻨْﺪَ ﺃَﻫْﻞِ ﺍﻟْﺤَﺪِﻳﺚ‬ ‫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

. ‫ ﻭﻛﺬﻟﻚ ﺍﻟﺘﺮﻣﺬﻱ‬،‫ ﻭﻳﺤﺘﺞ ﺑﻪ‬، ‫ﻭﺃﺣﻤﺪ ﻳﺼﺤﺢ ﻫﺬﺍ ﺍﻹﺳﻨﺎﺩ‬ And Ahmad authenticated this chain and took evidence as well as Tirmidhee. source: http://www.islamweb.net/newlibrary/display_book.php?idfrom=1011&idto=1 012&bk_no=34&ID=615 .

d) Imam Tirmidhee.

Imam Tirmidhee said regarding the chain ( ‫ ﺣَﺪَّﺛَﻨِﻲ ﻣُﺤَﻤَّﺪِ ﺑْﻦِ ﺇِﺳْﺤَﺎﻕ‬: َ‫ ﻗَﺎﻝ‬، ِ‫ﺩَﺍﻭُﺩُ ﺑْﻦُ ﺍﻟْﺤُﺼَﻴْﻦ‬ ْ‫ ﻋَﻦ‬، َ‫ ﻋَﻦْ ﻋِﻜْﺮِﻣَﺔ‬،

Quran and Sunnah as understood by the Salaf : Islam is A Complete System of Life

.

Comment: Imam Tirmidhee accepted the chain of hadeeth and this chain is same chain which is mentioned in the hadeeth of Rakanah. .

e) Imam Ibne Kathir

Imam Ibne Kathir said regarding this chain of other hadith which is (Muhammad bin Ishaq from Dawud bin al Husain from Ikrimah from Ibne Abbas) ???: ??? ?? ????? ???? ?? ????? ?? ???? ?? ???? ?? ?????? ?? ????? ???, ????: ????? ??? ??? I say: This narration is from Muhammad bin Ishaq bin Yasar from Dawud bin Al Husain from Ikrimah and this chain is good,powerful.[Irshad al Faqeeh by Ibne Kathir vol 2 page 168, Tohfa tul Hawdhi Kitab an Nikah hadeeth no: 1143] . Comment: Imam Ibne Kathir accepted this chain that is why his fatwa is 3 times divorce at a time is equal to one (i will quote his fatwa read further INSHA`ALLAH) .

f) Shaykh Nasir ud Din Al Bani said

‫ ﻫﺬﺍ ﺍﻹﺳﻨﺎﺩ ﺻﺤﺤﻪ ﺍﻷﻣﺎﻡ ﺃﺣﻤﺪ ﻭﺍﻟﺤﺎﻛﻢ ﻭﺍﻟﺬﻫﺒﻲ ﻭﺣﺴﻨﻪ‬: ‫ ﻗﻠﺖ‬. ‫ ( ﻭﺫﻛﺮﻧﺎ ﻫﻨﺎﻙ ﺍﺧﺘﻼﻑ‬1921 ) ‫ﺍﻟﺘﺮﻣﺬﻱ ﻓﻲ ﻣﺘﻦ ﺁﺧﺮ ﺗﻘﺪﻡ ﺑﺮﻗﻢ‬ ‫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 ‫ﻭﺍﷲ ﺃﻋﻠﻢ‬

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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 Ba`az 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

َّ‫ ﺍﺑْﻦَ ﻋَﺒَّﺎﺱٍ ﺃَﻥ‬: َ‫ ﻗَﺎﻝ‬, ِ‫ﻃَﻠَّﻖَ ﺭَﺟُﻞٌ ﻋَﻠَﻰ ﻋَﻬْﺪ‬ ‫ﺍﻟﻨَّﺒِﻲِّ ﺻَﻠَّﻰ ﺍﻟﻠَّﻪُ ﻋَﻠَﻴْﻪِ ﻭﺳَﻠَّﻢَ ﺍﻣْﺮَﺃَﺗَﻪُ ﺛَﻼﺛًﺎ‬ ْ‫ ﺃَﻥ‬: َ‫ ﻓَﻘَﺎﻝَ ﺍﻟﻨَّﺒِﻲُّ ﺻَﻠَّﻰ ﺍﻟﻠَّﻪُ ﻋَﻠَﻴْﻪِ ﻭﺳَﻠَّﻢ‬، َ‫ ﻗَﺎﻝ‬, ‫ ﺇِﻧِّﻲ ﻗَﺪْ ﻃَﻠَّﻘْﺘُﻬَﺎ ﺛَﻼﺛًﺎ‬: َ‫ ﻗَﺎﻝ‬, ‫ﻳُﺮَﺍﺟِﻌَﻬَﺎ‬ ِ‫ ﻭﻗَﺮَﺃَ ﺍﻟﻨَّﺒِﻲُّ ﺻَﻠَّﻰ ﺍﻟﻠَّﻪُ ﻋَﻠَﻴْﻪ‬، ُ‫ ﻗَﺪْ ﻋَﻠِﻤْﺖ‬: : َ‫ﻳَﺄَﻳُّﻬَﺎ ﺍﻟﻨَّﺒِﻲُّ ﺇِﺫَﺍ ﻃَﻠَّﻘْﺘُﻢُ ﺍﻟﻨِّﺴَﺎﺀَﻭﺳَﻠَّﻢ‬ 1 ‫ ﻓَﻄَﻠِّﻘُﻮﻫُﻦَّ ﻟِﻌِﺪَّﺗِﻬِﻦَّ ﺳﻮﺭﺓ ﺍﻟﻄﻼﻕ ﺁﻳﺔ‬: َ‫ ﻗَﺎﻝ‬, ‫ ﻓَﺎﺭْﺗَﺠَﻌَﻬَﺎ‬. Narrated by Ibne Abbas someonedivorced 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] .

g) Imam Zia al Maqdasi (567-643h)

He narrated this hadeeth in his Al Mukhtarah vol 11 page 362-363. This book is Mustakhraj on Bukhari and Muslim, 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 .

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h) 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 ?????? ??? ??????? ??? ?????? ???? ?? "?????" 265/5 ‫ ﺍﺧﺮﺟﻪ ﺍﺣﻤﺪ ﻭﺍﺑﻮ ﻳﻌﻠﻰ ﻭﺻﺤﺤﻪ‬:‫ ﻭﻗﺎﻝ‬9/362 "‫ﻭﺫﻛﺮﻩ ﺍﻟﺤﺎﻓﻆ ﻓﻰ "ﺍﻟﻔﺘﺢ‬ ‫ ﻭﻋﺰﺍﻩ ﺍﻟﻰ ﺍﻟﺒﻴﻬﻘﻰ‬1/668 "‫ﻭﺫﻛﺮﻩ ﺍﻟﺴﻴﻮﻃﻰ ﻓﻰ "ﺗﻔﺴﻴﺮﻩ‬ 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) .

i) 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 also mentioned in Durre Manthur 1/279 (there after he said) . ???? ?????? ???? ??? ???? ?? ???? ??????? ?? ?????? ??? ??? ?? ???? ?? ???? ??????? ?????? ????? ???? ????? ???? ?? ?? ?????? ??? ???? ??????, ?? ??? ????? ?? ????? ?? ????? ?? ?????, ?? ???? ?????? ?? ?????. ???? ??? ?????? ?? ??? ?????? ??????, ?????? ((???? ?????)) ????, ??? ??? ????? ??? ?? ?????, ???? ?? ?????. ??? ????? ????? ????? ??? ?? ????? (???? ?????? ?? ???????) ? 39 ??? ????? [Tahqeeq of Musnad Ahmad by Shaykh Ahmad Shakir Vol 3 Page 91 hadeeth no: 2387] .

j) 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]. .

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

‫ﻭﻟﻔﻆ‬

‫ﺃﺣﻤﺪ‬

‫ﻃﻠﻖ‬

‫ﺭﻛﺎﻧﺔ‬

.

‫ ﻓﺈﻧﻬﺎ ﻭﺍﺣﺪﺓ‬- ‫ ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ‬- ‫ﺭﺳﻮﻝ ﺍﷲ‬

‫ ﻓﻘﺎﻝ ﻟﻪ‬، ‫ﺍﻣﺮﺃﺗﻪ ﻓﻲ ﻣﺠﻠﺲ ﻭﺍﺣﺪ ﺛﻼﺛﺎ ﻓﺤﺰﻥ ﻋﻠﻴﻬﺎ‬

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

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. .

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) Note: Above hadith is authentic by consensus later scholars tried to criticise but their saying is not evidence Imam Muslim Said ????? ?????? ????? ?????? ??????? ???????

?????????? ??? ????? ???????? ???????? ??? ????? ??? ?????????? ???????? I

have

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in

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Quran and Sunnah as understood by the Salaf : Islam is A Complete System of Life

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 .

Some Fatwas of Omar RA which he imposed due to some reason & 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)

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)

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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 alSafa' 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) 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??

Some Fatwas of Omar RA which Brailwiya and deobandiya reject★

?

a) According to Umar ra the woman can marry after four years if her husband is lost

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab said, "The woman who loses her husband and does not know where he is, waits for four years, then she does idda for four months, and then she is free to marry."[(Book #29, Hadith #29.19.52)]

Comment: One can ask from Tullaab of Deobandi and Brailwi madrassah when can woman marry if her husband is lost? They will come up with the answer of 90 to 100 years. Why don`t they follow Umar ra here?

b) According to Umar ra the punishment of Halala which now a days Brailwiya practice is Rajam. ‘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.”[This is narrated by Ibn Abi Shayba in his Musannif 7/293, Abd al-Razzaaq with his chain in his al-Musannif 6/2650, Sunan Saeed bin Mansoor 2/75,ad-Dahabee in Seyar ailam an-Nubala under the Tarjuma of Al-Amash]

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Comment: If Umar ra would see the practice of halala in Pakistan and India he would have ordered to stone these people (who practice even after knowing it is haram) to death

c) According to Umar ra the punishment of those men and women who marry without a wali is lashes

:ُ‫ ﺳَﻤِﻌْﺖُ ﻋِﻜْﺮِﻣَﺔَ ﺑْﻦَ ﺧَﺎﻟِﺪٍ ﻳَﻘُﻮﻝ‬:َ‫ ﻋَﻦْ ﻋَﺒْﺪِ ﺍﻟْﺤَﻤِﻴﺪِ ﺑْﻦِ ﺟُﺒَﻴْﺮٍ ﻗَﺎﻝ‬،ٍ‫ ﻧﺎ ﺍﺑْﻦُ ﺟُﺮَﻳْﺞ‬،ِ‫ ﺛﻨﺎ ﺍﺑْﻦُ ﺍﻟْﻤُﺒَﺎﺭَﻙ‬،ٌ‫ﺣَﺪَّﺛَﻨَﺎ ﺳَﻌِﻴﺪ‬ َ‫ ﻓَﺠَﻠَﺪ‬،ِ‫ ﻓَﺮُﻓِﻌُﻮﺍ ﺇِﻟَﻰ ﻋُﻤَﺮَ ﺑْﻦِ ﺍﻟْﺨَﻄَّﺎﺏ‬،‫ ﻓَﺰَﻭَّﺟَﻬَﺎ‬،‫ ﻓَﻮَﻟَّﺖِ ﺍﻣْﺮَﺃَﺓٌ ﻣِﻨْﻬُﻦَّ ﺃَﻣْﺮَﻫَﺎ ﺭَﺟًُﻼ‬،‫»ﺟَﻤَﻌَﺖِ ﺍﻟﻄَّﺮِﻳﻖُ ﺭَﻛْﺒًﺎ‬ ‫[۔‬175 /1 :‫ ﻭَﻓَﺮَّﻕَ ﺑَﻴْﻨَﻬُﻤَﺎ« ]ﺳﻨﻦ ﺳﻌﻴﺪ ﺑﻦ ﻣﻨﺼﻮﺭ‬،َ‫ﺍﻟﻨَّﺎﻛِﺢَ ﻭَﺍﻟْﻤُﻨْﻜِﺢ‬

ِ‫ ﺃَﺧْﺒَﺮَﻧِﻲ ﻋَﺒْﺪُ ﺍﻟْﺤَﻤِﻴﺪِ ﺑْﻦُ ﺟُﺒَﻴْﺮِ ﺑْﻦ‬, ٍ‫ ﻧﺎ ﺍﺑْﻦُ ﺟُﺮَﻳْﺞ‬, ٌ‫ ﻧﺎ ﺭَﻭْﺡ‬, َ‫ ﻧﺎ ﻣُﺤَﻤَّﺪُ ﺑْﻦُ ﺇِﺳْﺤَﺎﻕ‬, ُّ‫ﻧﺎ ﺃَﺑُﻮ ﺑَﻜْﺮٍ ﺍﻟﻨَّﻴْﺴَﺎﺑُﻮﺭِﻱ‬ ِ‫ ﺟَﻤَﻌَﺖِ ﺍﻟﻄَّﺮِﻳﻖُ ﺭَﻛْﺒًﺎ ﻓَﺠَﻌَﻠَﺖِ ﺍﻣْﺮَﺃَﺓٌ ﻣِﻨْﻬُﻢْ ﺛَﻴِّﺐٌ ﺃَﻣْﺮَﻫَﺎ ﺑِﻴَﺪِ ﺭَﺟُﻞٍ ﻏَﻴْﺮ‬:َ‫ ﻗَﺎﻝ‬, ٍ‫ ﻋَﻦْ ﻋِﻜْﺮِﻣَﺔَ ﺑْﻦِ ﺧَﺎﻟِﺪ‬, َ‫ﺷَﻴْﺒَﺔ‬ ‫[۔‬225 /3 :‫ﻭَﻟِﻲٍّ ﻓَﺄَﻧْﻜَﺤَﻬَﺎ ﻓَﺒَﻠَﻎَ ﺫَﻟِﻚَ ﻋُﻤَﺮَ »ﻓَﺠَﻠَﺪَ ﺍﻟﻨَّﺎﻛِﺢَ ﻭَﺍﻟْﻤُﻨْﻜِﺢَ ﻭَﺭَﺩَّ ﻧِﻜَﺎﺣَﻬَﺎ«]ﺳﻨﻦ ﺍﻟﺪﺍﺭﻗﻄﻨﻲ‬

Comment: We know that according to Brailwiya wali is not so important for marriage.

I can quote many other examples where Brailwiya openly reject the fatwa of Umar ra.

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 ﺍﷲ ﻋﻨﻬﻤﺎ ﺇﺫﺍ‬

‫ ﺃﻧﺖ ﻃﺎﻟﻖ ﺛﻼﺛﺎ ﺑﻔﻢ ﻭﺍﺣﺪ ﻓﻬﻲ ﻭﺍﺣﺪﺓ ﻭﻫﺬﺍ ﺍﻹﺳﻨﺎﺩ ﻋﻠﻰ ﺷﺮﻁ‬:‫ﻗﺎﻝ‬ ‫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: Ahlus sunnah say that Scholars should issue fatwa after watching the situation as it is

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mentioned in Abu Dawood itself

َ‫ »ﻛُﻨْﺖُ ﻋِﻨْﺪ‬:‫ ﻗﺎﻝ‬، ٍ‫ﻋﻦ ﻋَﺒْﺪِ ﺍﷲ ﺑﻦِ ﻛَﺜِﻴﺮٍ ﻋﻦ ﻣُﺠَﺎﻫِﺪ‬ َ‫ﺍﺑﻦ ﻋَﺒَّﺎﺱٍ ﻓَﺠَﺎءَﻩُ ﺭَﺟُﻞٌ ﻓﻘﺎﻝ ﺇِﻧَّﻪُ ﻃَﻠَّﻖ‬ ُ‫ ﻓَﺴَﻜَﺖَ ﺣﺘﻰ ﻇَﻨَﻨْﺖُ ﺃَﻧَّﻪ‬:‫ ﻗﺎﻝ‬،ً‫ﺍﻣْﺮَﺃَﺗَﻪُ ﺛَﻼَﺛﺎ‬ ُ‫ ﻳَﻨْﻄَﻠِﻖُ ﺃَﺣَﺪُﻛُﻢ ﻓَﻴﺮْﻛَﺐ‬:‫ ﺛُﻢَّ ﻗﺎﻝ‬،ِ‫ﺭَﺍﺩُّﻫَﺎ ﺇِﻟَﻴْﻪ‬ ،ٍ‫ ﻳﺎﺍﺑﻦَ ﻋَﺒَّﺎﺱ‬،ِ‫ ﻳﺎﺍﺑﻦَ ﻋَﺒَّﺎﺱ‬:ُ‫ﺍﻟْﺤُﻤﻮﻗَﺔَ ﺛُﻢَّ ﻳﻘُﻮﻝ‬ َ‫ ﻭَﺇِﻧَّﻚَ ﻟﻢ ﺗَﺘَّﻖِ ﺍﷲ ﻓَﻼَ ﺃَﺟِﺪُ ﻟَﻚ‬:‫ﻭَﺇِﻥَّ ﺍﷲ ﻗﺎﻝ‬ ،َ‫ ﻋَﺼَﻴْﺖَ ﺭَﺑَّﻚَ ﻭَﺑَﺎﻧَﺖْ ﻣِﻨْﻚَ ﺍﻣْﺮَﺃَﺗُﻚ‬،ً‫ﻣَﺨْﺮَﺟﺎ‬ :‫ﻭَﺇِﻥَّ ﺍﷲ ﻗﺎﻝ‬ It is narrated by Abdullah bin Kathir from Mujahid who said: I was with Ibn Abbas (ra) when a man came to him and said that he had divorced his wife three times. Ibn Abbas (ra) remained quiet until I thought that that he would return her to him but Ibn Abbas said: "One of you goes and commits a foolish act and then cries out O Ibn Abbas, O Ibn Abbas (to help them on the issue of divorce) even though Allah says:And whoever has Taqwa of Allah, Allah will make a way out for him. So you did not have Taqwa of Allah "AND I DO NOT FIND ANY WAY OUT FOR YOU, YOU HAVE DISOBEYED YOUR LORD AND YOUR WIFE HAS BECOME COMPLETELY SEPERATED FROM YOU" and Allah has said: O Prophet! If you divorce your wives then divorce them at the beginning of their prescribed times.[Sunnan Abu Dawud, Volume No.1, Page No. 677,Hadith # 2197]

Malik's Mawatta Book 29, Number 29.1.1: 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." .

Comment: Ahlus sunnah say that the fatwa of muhaddith differes from siituation to situation. This is also said by Shaykh Muhammad Dawood Rashid in Deen al Haq Ba Jawab Ja Al Haq when he was talking about fatwas of Ibn Abbas that when some people (who are against ahlus sunnah) do this foolish act they come to us only for a fatwa, scholars should impose three divorces on them. As Ibn Abbas ra imposed the fatwa of three divorces sometimes after watching the situation and sometimes he did not impose and said it is only one divorce .

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

Ata bin abi Ribah RA said

‫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 then it is only one divorce because (report) reached to us that Ibn e ABBAS said same [Musannif abdul razzaq vol 6 page 335 no: 1106] .

c) Fatwa of Tawus(Tabiyee)

‫ﺍﺑﻦ ﺷﻬﺎﺏ ﻋﻦ‬،

‫ " ﺍﺑﻦ ﻋﺒﺎﺱ ﺃﻥ‬: ‫ ﻭﻟﻢ ﻳﺠﻤﻊ ﻛﻦ ﺛﻼﺛﺎ ﻗﺎﻝ‬، ‫"ﺇﺫﺍ ﻃﻠﻖ ﺍﻟﺮﺟﻞ ﺍﻣﺮﺃﺗﻪ ﺛﻼﺛﺎ‬

‫ ﻓﺄﺧﺒﺮﺕ ﺫﻟﻚ‬: ‫ ﻓﺄﺷﻬﺪ ﻣﺎ ﻛﺎﻥ ﻃﺎﻭﺳﺎ ﻗﺎﻝ‬: ‫ﻳﺮﺍﻫﻦ ﺇﻻ ﻭﺍﺣﺪﺓ ﺍﺑﻦ ﻋﺒﺎﺱ ﻗﺎﻝ‬.

.

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]

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

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

‫ ﻭﺃﺟﻴﺐ ﺑﺄﻧﻪ ﻧﻘﻞ ﻋﻦ ﻋﻠﻲ ﻭﺍﺑﻦ‬،‫ﺍﻟﺮﺍﺑﻊ ﺃﻧﻪ ﻣﺬﻫﺐ ﺷﺎﺫ ﻓﻼ ﻳﻌﻤﻞ ﺑﻪ‬ ‫ ﻧﻘﻞ ﺫﻟﻚ ﺍﺑﻦ ﻣﻐﻴﺚ ﻓﻲ‬،‫ﻣﺴﻌﻮﺩ ﻭﻋﺒﺪ ﺍﻟﺮﺣﻤﻦ ﺑﻦ ﻋﻮﻑ ﻭﺍﻟﺰﺑﻴﺮ ﻣﺜﻠﻪ‬ ‫ ﻭﻧﻘﻞ ﺍﻟﻐﻨﻮﻱ ﺫﻟﻚ‬،‫‏"‏ ﻛﺘﺎﺏ ﺍﻟﻮﺛﺎﺋﻖ ‏"‏ ﻟﻪ ﻭﻋﺰﺍﻩ ﻟﻤﺤﻤﺪ ﺑﻦ ﻭﺿﺎﺡ‬ ‫ﻋﻦ ﺟﻤﺎﻋﺔ ﻣﻦ ﻣﺸﺎﻳﺦ ﻗﺮﻃﺒﺔ ﻛﻤﺤﻤﺪ ﺑﻦ ﺗﻘﻲ ﺑﻦ ﻣﺨﻠﺪ ﻭﻣﺤﻤﺪ ﺑﻦ ﻋﺒﺪ‬ ‫ ﻭﻧﻘﻠﻪ ﺍﺑﻦ ﺍﻟﻤﻨﺬﺭ ﻋﻦ ﺃﺻﺤﺎﺏ ﺍﺑﻦ ﻋﺒﺎﺱ‬،‫ﺍﻟﺴﻼﻡ ﺍﻟﺨﺸﻨﻲ ﻭﻏﻴﺮﻫﻤﺎ‬ ‫‏‬.‫ﻛﻌﻄﺎﺀ ﻭﻃﺎﻭﺱ ﻭﻋﻤﺮﻭ ﺑﻦ ﺩﻳﻨﺎﺭ‏‬ . And they 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) . Comment: Then Ibn Hajar asqalani ra claimed that after the Fatwa of Umar ra i.e three will be counted as one it was ijma of sahaba that three divorces are equal to three and the saying that three will count one is abrogated, but this saying is refuted by Qadhi Shokani that there was no consensus, Qadhi Shokani said

ٍ‫ﻭَﻳُﺠَﺎﺏُ ﺑِﺄَﻥَّ ﺍﻟﻨَّﺴْﺦَ ﺇﻥْ ﻛَﺎﻥَ ﺑِﺪَﻟِﻴﻞٍ ﻣِﻦْ ﻛِﺘَﺎﺏ‬ َ‫ﺃَﻭْ ﺳُﻨَّﺔٍ ﻓَﻤَﺎ ﻫُﻮَ ؟ ﻭَﺇِﻥْ ﻛَﺎﻥَ ﺑِﺎْﻹِﺟْﻤَﺎﻉِ ﻓَﺄَﻳْﻦ‬ ُ‫ﻫُﻮَ ؟ ﻋَﻠَﻰ ﺃَﻧَّﻪُ ﻳَﺒْﻌُﺪُ ﺃَﻥْ ﻳَﺴْﺘَﻤِﺮَّ ﺍﻟﻨَّﺎﺱ‬ ٍ‫ﺃَﻳَّﺎﻡَ ﺃَﺑِﻲ ﺑَﻜْﺮٍ ﻭَﺑَﻌْﺾَ ﺃَﻳَّﺎﻡِ ﻋُﻤَﺮَ ﻋَﻠَﻰ ﺃَﻣْﺮ‬ َ‫ﻣَﻨْﺴُﻮﺥٍ ﻭَﺇِﻥْ ﻛَﺎﻥَ ﺍﻟﻨَّﺎﺳِﺦُ ﻗَﻮْﻝَ ﻋُﻤَﺮَ ﺍﻟْﻤَﺬْﻛُﻮﺭ‬ For any query contact: [email protected] Phoca PDF

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?? ?? ????? ?? ???: ?? ????? ????? ?? ?????? ?? ??? ??? ????? ???? ?? ???????

There are those who says If a person pronounce two or three divorce in one sitting, it does not count but only one and this saying is more probable.

[Tafsir Gharaaib al Qur`an

by Imam Nesaburi 728 h under Surah al Baq`rah ayah 229]

f) Fatwa of Imam Ibne Katheer

We all know the Fatwa of Shaykh ul Islam Ibne Tamiyah 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 .‫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. [also Mentioned by Dr Muhammad Hussain Dahabee (Rah) of Jamaiya tul Azhar in his book Al Tafsir wal Mufassiroon] Source: http://islamport.com/d/1/qur/1/29/264.html g) Imam Abu Hiyan al Andalusi said

،ً‫ ﺃﻧﺖِ ﻃﺎﻟﻖ ﻣﺮﺗﻴﻦ ﺃﻭ ﺛﻼﺛﺎ‬:‫ﻭﻣﺎ ﺯﺍﻝ ﻳﺨﺘﻠﺞ ﻓﻲ ﺧﺎﻃﺮﻱ ﺃﻧﻪ ﻟﻮ ﻗﺎﻝ‬ ‫ﺃﻧﻪ ﻻ ﻳﻘﻊ ﺇﻻَّ ﻭﺍﺣﺪﺓ‬ From the wordings of Quran (At talaq marrataan) it always appear in my heart that if a man pronounce two or thee divorces to his wife, it will not count but 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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h) Fkhar ud Din Al Razi said under 2:229

ً‫ ﺃﻧﻪ ﻟﻮ ﻃﻠﻘﻬﺎ ﺍﺛﻨﻴﻦ ﺃﻭ ﺛﻼﺛﺎ‬،‫ ﻭﻫﻮ ﺍﺧﺘﻴﺎﺭ ﻛﺜﻴﺮ ﻣﻦ ﻋﻠﻤﺎﺀ ﺍﻟﺪﻳﻦ‬: ‫ ﻷﻥ ﺍﻟﻨﻬﻲ ﻳﺪﻝ ﻋﻠﻰ‬،‫ ﻭﻫﺬﺍ ﺍﻟﻘﻮﻝ ﻫﻮ ﺍﻷﻗﻴﺲ‬،‫ﻻ ﻳﻘﻊ ﺇﻻ ﺍﻟﻮﺍﺣﺪﺓ‬ ‫ ﻭﺍﻟﻘﻮﻝ ﺑﺎﻟﻮﻗﻮﻉ ﺳﻌﻰ ﻓﻲ‬،‫ﺍﺷﺘﻤﺎﻝ ﺍﻟﻤﻨﻬﻲ ﻋﻨﻪ ﻋﻠﻰ ﻣﻔﺴﺪﺓ ﺭﺍﺟﺤﺔ‬ ‫ ﻓﻮﺟﺐ ﺃﻥ ﻳﺤﻜﻢ ﺑﻌﺪﻡ‬،‫ﺇﺩﺧﺎﻝ ﺗﻠﻚ ﺍﻟﻤﻔﺴﺪﺓ ﻓﻲ ﺍﻟﻮﺟﻮﺩ ﻭﺃﻧﻪ ﻏﻴﺮ ﺟﺎﺋﺰ‬ .‫ﺍﻟﻮﻗﻮﻉ‬ Large number of scholars of Islam have maintained that even if divorce is pronounced two or three times it will not count but 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=y es&UserProfile=0&LanguageId=1

Comment: Fakhr ud din al-Razi came a century before Ibn Tamiyah and he said "Larger number of Islam have maintained that even if divorce is pronounced two or three times it will not count but only one" and his own opinion is also with larger number of scholars i) Imam Ibn Rashd Qurtubi a Maliki Jurist said: ‫ﻭﺍﺗﻔﻘﻮﺍ ﻋﻠﻰ ﺃﻥ ﺍﻟﻌﺪﺩ ﺍﻟﺬﻱ ﻳﻮﺟﺐ ﺍﻟﺒﻴﻨﻮﻧﺔ ﻓﻲ ﻃﻼﻕ ﺍﻟﺤﺮ ﺛﻼﺙ ﺗﻄﻠﻴﻘﺎﺕ ﺇﺫﺍ‬ ‫‏ ﻭﺍﺧﺘﻠﻔﻮﺍ ﺇﺫﺍ ﻭﻗﻌﺖ ﺛﻼﺛﺎ ﻓﻲ ﺍﻟﻠﻔﻆ ﺩﻭﻥﻭﻗﻌﺖ ﻣﻔﺘﺮﻗﺎﺕ ﻟﻘﻮﻟﻪ ﺗﻌﺎﻟﻰ ‏‬.‫‏ ﺍﻵﻳﺔ‏‬ ‫ﺍﻟﻔﻌﻞ‬ There is consensus that giving three divorce on separate times then the divorce is taken place as saying of Allah is "A divorce is only permissible twice:", But there is difference when instead of separate, if the divorce is given in one sitting three times then whether the divorce will taken place or not

‫ﺍﻟﻔﻘﻬﺎﺀ ﺍﻷﻣﺼﺎﺭ ﻋﻠﻰ ﺃﻥ ﺍﻟﻄﻼﻕ ﺑﻠﻔﻆ ﺍﻟﺜﻼﺙ ﺣﻜﻤﻪ ﺣﻜﻢ ﺍﻟﻄﻠﻘﺔﻣﻬﻮﺭ‬ ‫‏ ﺣﻜﻤﻪ ﺣﻜﻢ ﺍﻟﻮﺍﺣﺪﺓ ﻭﻻ ﺗﺄﺛﻴﺮ‬:‫ﺍﻟﺜﺎﻟﺜة؛ ﻭﻗﺎﻝ ﺃﻫﻞ ﺍﻟﻈﺎﻫﺮ ﻭﺟﻤﺎﻋﺔ‏‬ ‫ ﻭﺣﺠﺔ ﻫؤﻻﺀ ﻇﺎﻫﺮ ﻗﻮﻟﻪ ﺗﻌﺎﻟﻰ ‏‏‬،‫ﻟﻠﻔﻆ ﻓﻲ ﺫﻟﻚ‬

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The contention of the majority of the scholars is that three pronouncements of divorce are equal to three divorces. The Ahlul Dhahir and a group of others hold that such an act is equal to only one divorce, and there is no effect of words and they take apparent meaning of the verse "A divorce is only permissible twice:"[2:229] (In the end he said)

‫ ﻓﻘﺪ ﺭﻓﻊ ﺍﻟﺤﻜﻤﺔ‬،‫ﻭﻟﺬﻟﻚ ﻣﺎ ﻧﺮﻯ ﻭﺍﷲ ﺃﻋﻠﻢ ﺃﻥ ﻣﻦ ﺃﻟﺰﻡ ﺍﻟﻄﻼﻕ ﺍﻟﺜﻼﺙ ﻓﻲ ﻭﺍﺣﺪﺓ‬ ‫‏ﺍﻟﻤﻮﺟﻮﺩﺓ ﻓﻲ ﻫﺬﻩ ﺍﻟﺴﻨﺔ ﺍﻟﻤﺸﺮﻭﻋﺔ‏‬. Therefore we see and Allah knows best (whoever says that) three divorce in one sitting will be counted as three is finishing the wisdom of Islamic law. [ Bidayat Al-Mujtahid Waghasyat AlMaqtasid 2/61-63]

Quran and Sunnah as understood by the Salaf : Islam is A Complete System of Life

the opinion of some of the students of Abu Hanifa and Malik and Ahmad. [Majmoo Fatawa 8/33] see: http://www.alifta.net/Fatawa/fatawaDetails.aspx?BookID=1&View=Pag e&PageNo=1&PageID=67

m) 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 alSeerah, 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. n) Shaykh Sayyed Sabiq Shaikh Sabiq authored several books but widely recognised for his Fiqh as-Sunnah a complete manual of Fiqh that earned him in 1994 the coveted King Faisal Prize for Islamic Studies. Sayyid Sabiq was teaching at Al-Azhar University Egypt, but he also held different posts in its administration. Later he taught for many years at the Umm Al-Qura Islamic University in Makkah. . He in his Book Fiqh as Sunnah wrote both views and then quoted the evidence of those who are of the view that "Three divorce will not count but only one" he said: . "They quote the following hadith in support of their view: "Ibn 'Abbas (may Allah be pleased with him) reports that the (pronouncement) of three divorces during the lifetime of Allah's Messenger (peace and blessings be upon him) and that of Abu Bakr (may Allah be pleased with him) and two years of the caliphate of 'Umar ibn Al-Khattab (may Allah be pleased with him) was treated as once. But 'Umar ibn Al-Khattab (may 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 (i.e. regard the divorce pronounced three times in succession as irrevocable divorce, it would have deterred them from doing so)!" So he regarded it as such. This latter view is believed to be the most correct."

o) Shaykh Muhammad al Khudayri said:

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There are two opinions on this matter. In consideration of the evidence and the practice at the time of the Prophet (peace be upon him), the strongest opinion is that three pronouncements of divorce given on one occasion count as a single divorce. (source:http://islamtoday.com/node/1098 )

★Fatwas of Imam Ahmad, Shafiee and 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

“ ??? ??? ?????? : ??? ???? ????? ??? ???? ??? ??? ????? "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 ) Comment: 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.

c) Abdul Hai Laknvi Hanafi

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He was asked regarding three talaq in one sitting and he replied "In this situation three talaq will happen and without Tehleel nikah is not correct according to hanafiya. But if it is necessary and it is hard for him to go far from his wife and there is fear of sin than there is no harm in making taqleed of any other imam. Example of that is Hanafiya allow in cases of nessecities to follow the saying of Maalik on the issue of iddah of lost husband`s wife. There is a detail about it in Radd al Mukhtaar. But it is better for him to talk about it with Aalim Shafee and act upon his fatwaa [Majmoo Fatawa vol 2 page 53,54 quoted by Irshad ul Haq athree in Maslak Ahnaaf and Molana Abdul Hai Lakhnavee rahimullah] Comment: According to this group if it is necessary than one can follow the fatwa of three talaq in one sitting as one.

Quran and Sunnah as understood by the Salaf : Islam is A Complete System of Life

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)

Quran and Sunnah as understood by the Salaf : Islam is A Complete System of Life

continuing the 'Umrah onto the Hajj (known as Hajj Tamattu'). Ibn 'Umar replied, 'It is a good and beautiful thing.' The man said, 'But your father (i.e. 'Umar ibn al-Khattaab) used to forbid it!' So he said, 'Woe to you! If my father used to forbid something which the Messenger of Allaah (sallallaahu 'alaihi wa sallam) practised and commanded, would you accept my father's view, or the order of the Messenger of Allaah (sallallaahu 'alaihi wa sallam) ?' He replied, 'The order of Tirmidhee Kitab al Hajj the Messenger of Allaah (sallallaahu 'alaihi wa sallam).[' Chapter At Tamattu and declared it Saheeh] Ahmad (no. 5700)

.

e) Muhammad ibn Abdullah ibn al-Harith ibn Nawfal ibn Abd alMuttalib He heard Sad ibn Abi Waqqas and ad-Dahhak ibn Qays discussing tamattu in between umra and hajj. Ad-Dahhak ibn Qays said, "Only someone who is ignorant of what Allah, the Exalted and Glorified, says would do that." Whereupon Sad said, "How wrong is what you have just said, son of my brother!" Ad-Dahhak said, ''Umar ibn al-Khattab forbade that," and Sad said, "The Messenger of Allah, may Allah bless him and grant him peace, did it, and we did it with him." [Muwattaa -Malik Book 20, Number 20.17.61]

10. Conclusion 1. According to Quran Divorce time is three menstrual periods and not three seconds !! 2.

It is prohibited to divorce

3.

Saying three talaq at a time is prohibited.

during menstrual periods

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. 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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