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Status of triple Divorce in one session

The question is how many does this triple divorce count? And
whether it is effective or not?
Majority opinion:
According to Hanafi, Malki, Shafi and Hanbali Jurists triple
Divorce in one session is effective and irrevocable. Divorced
couple cannot reunite without an intervening marriage.
Arguments:
Abdullah (b.'Umar) reported that he divorced a wife of his with the
pronouncement of one divorce during the period of
menstruation.Allah's Messenger (may peace be upon him)
commanded him to take her back and keep her until she was purified,
and then she entered the period of menses in his (house) for the
second time. And he should wait until she was purified of her
menses.And then if he would decide to divorce her, he should do so
when she was purified before having a sexual intercourse with her;
for that was the 'Idda which Allah had commanded for the divorce of
women.Ibn Rumh in his narration made this addition: When 'Abdullah
was asked about it, he said to one of them: If you have divorced your
wife with one pronouncement or two (then you can take her back), for
Allah's Messenger (may peace be upon him) commanded me to do
it; but if you have divorced her with three
pronouncements, then she is forbidden for you until
she married another husband, and you disobeyed
Allah in regard to the divorce of your wife what He had
commanded you. ( Abu Daw ud,sunnan.altalaq )
This Hadith clearly states that triple talaq is treated is
an irrevocable talaq.

he viewpoint held by Ibn Taymiyyah:


According to Ibn Taymiyyah it is a single divorce.
Argument;
Abdu Yazid, the father of Rukanah and his brothers, divorced Umm
Rukanah and married a woman of the tribe of Muzaynah. She went
to the Prophet (peace_be_upon_him) and said: He is of no use to me
except that he is as useful to me as a hair; and she took a hair from
her head. So separate me from him. The Prophet
(peace_be_upon_him) became furious. He called on Rukanah and
his brothers. He then said to those who were sitting beside him. Do
you see so-and-so who resembles Abdu Yazid in respect of so-and-
so; and so-and-so who resembles him in respect of so-and-so? They
replied: Yes. The Prophet (peace_be_upon_him) said to Abdu Yazid:
Divorce her. Then he did so. He said: Take your wife, the mother of
Rukanah and his brothers, back in marriage. He said: I have divorced
her by three pronouncements, Apostle of Allah. He said: I know: take
her back. He then recited the verse: "O Prophet, when you divorce
women, divorce them at their appointed periods."
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.
Abu al-Sahba' said to Ibn 'Abbas: Enlighten us with your information
whether the three divorces (pronounced at one and the same time)
were not treated as one during the lifetime of Allah's Messenger (may
peace be upon him) and Abu Bakr.He said: It was in fact so, but when
during the caliphate of 'Umar (Allah be pleased with him) people
began to pronounce divorce frequently, he allowed them to do so (to
treat pronouncements of three divorces in a single breath as one.
According to Shia jurist: It is not effective because it is for bidden
in Shariah.
Preferred viewpoint in Modern legislation:
The personal Laws of majority of Muslim states (Egypt, Iraq,
Morocco, KSA, etc.) it is a single divorce.
Legal status of intervening marriage:
When a husband pronounces third divorce the wife is separated
from him. He cannot remarry her without intervening marriage to
another man who divorces her after consummation of marriage
or he dies and wife observes the iddah. It is agreed upon the
validity of this marriage, if it is free from the condition of divorce.
Arguments:
‫ا َ ْل ُم َح ِل َل‬- ‫ صلى هللا عليه وسلم‬- ‫ّللَا‬
ِ ‫سو ُل َ ه‬ ُ ‫ { لَ َعنَ َر‬: ‫ قَا َل‬- ‫ رضى هللا عنه‬- ‫ع ِن اب ِْن َم ْسعُو ٍد‬ َ ‫َو‬
ُ‫ص هح َحه‬
َ ‫ي َو‬ ُّ ‫ َواَلتِ ْر ِم ِذ‬, ‫ي‬ َ ‫ َوالنه‬, ‫َو ْال ُم َحله َل لَهُ } َر َواهُ أَحْ َم ُد‬
ُّ ِ‫سائ‬
Allah's Messenger (‫ )ﷺ‬cursed the man who made a woman lawful
for her first husband and the one for whom she was made lawful
(the men involved in Halalah). [Reported by Ahmad, an-Nasa'i and
at-Tirmidhi; the latter declared it to be Sahih (authentic)].

On the contrary, if the purpose of this intervening marriage is to


facilitate remarriage between divorced couple, then such
marriage is point of di agreement.
According to Malki, Shafi and Hanbali jurists this kid of intervening
marriage is invalid. Imam Abu Yousaf from Hanafia also holds this
point of view. Imam Abu haneefa held that though it is valid but
improper or makruh.

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