3 Talaaq in Questions / Responses

Question 1: During the time of Hazrat 'Umar (Radiyallahu Anhu), did 3 Talaaq count as one or three Talaaq? 

Answer 1: During the time of Hazrat 'Umar (Radiyallahu Anhu), 3 Talaaq counted as three Talaaq.

Question 2: During the time of Nabi (Sallallaahu Alaihi Wasallam), did 3 Talaaq count as one or three Talaaq?

Answer 2: During the time of Nabi (Sallallaahu Alaihi Wasallam), 3 Talaaq counted as 3 Talaaq.

Question 3: But why, according to a Hadith found in Saheeh Muslim, 3 Talaaq counted as one during the time of Nabi (Sallallaahu Alaihi Wasallam)?

Answer 3: 3 Talaaq which counted as one Talaaq in the past during the time of Nabi (Sallallaahu Alaihi Wasallam) applied only in specific cases where a person says to his wife: Talaaq, Talaaq, Talaaq. That is, he utters the word Talaaq 3 times with the intention of putting emphasis only. It is not uttered with the intention of giving 3 Talaaq. This did not apply to a person who said that with the intention of giving his wife 3 Talaaq.

Now, to know whether truly it was uttered with the intention of 3 Talaaq or with the intention of putting emphasis, depends on the statement of that person. 

Long ago, people were honest. That is why when a person said that he has uttered this with the intention of putting emphasis, he was believed. But when Hazrat 'Umar (Radiyallahu Anhu) noticed the change and degeneration in the mentality of people, he passed the law that if a person says Talaaq, Talaaq, Talaaq, 3 Talaaq will be binding. The intention of the person will not be taken into account.

Question 4: Does that mean that if a person utters the word "THREE" when giving Talaaq, all the three Talaaq will be binding?

Answer 4: Exactly. If a person tells his wife "I have given you 3 Talaaq", then 3 Talaaq will be binding because when he uttered the word three, this cannot in any way mean that he uttered it merely to emphasise. It has a precise and categorical meaning that cannot be interpreted otherwise. Therefore, this way of giving Talaaq has always been counted as 3. During the time of Nabi (Sallallaahu Alaihi Wasallam) also, it counted as 3. This way of giving Talaaq has never been considered as one Talaaq.

Question 5: Nowadays, if a person tells his wife Talaaq, Talaaq, Talaaq, how many Talaaq will be binding?

Answer 5: 3 Talaaq will be binding. Besides, nowadays, everyone in general utters the word Talaaq 3 times with the intention of giving 3 Talaaq. Moreover, this is a decision that was taken during the time of Hazrat 'Umar (Radiyallahu Anhu) by Hazrat 'Umar (Radiyallahu Anhu) in the presence of the Sahaabah-e-Kiraam (Radiyallahu Anhum) without being contested by anyone. However, if this decision did not correspond to the Shari’ah and the teaching of Nabi (Sallallaahu Alaihi Wasallam), the Sahaabah (Radiyallahu Anhum) would not have kept quiet. Continuing to claim 3 Talaaq as one, is a strong blow to the integrity and honesty of the Jama'ah of the Sahaabah-e-Kiraam (Radiyallahu Anhum), which can only emanate from one who is not Sunni such as the Rafzi or the Shia.

Question 6: If a person continues to live with his wife after giving her 3 Talaaq, what is his position according to the Shari’ah?

Answer 6: He is a Fasiq (hardened sinner). He is living in Haraam. One cannot remain in his companionship. His invitation must not be accepted nor must he be invited. One must boycott such type of people completely.

Question 7: What is the position of a person who gives Fatwa that 3 Talaaq count as one?

Answer 7: He is a person who has lost the right direction because he has isolated himself from Ijma of the Sahaabah-e-Kiraam (Radiyallahu Anhum) and from As-Sawaad-ul-A'zam. Rasulullah (Sallallaahu Alaihi Wasallam) said:

"Follow As-Sawaad-ul-A'zam (the great majority) because the one who has isolated himself to one side, will be thrown into hell."

Hazrat 'Umar (Radiyallahu Anhu), Hazrat Usmaan (Radiyallahu Anhu), Hazrat Ali (Radiyallahu Anhu), Hazrat Abdullah Bin Mas'ud (Radiyallahu Anhu), the Sahaabah-e-Kiraam (Radiyallahu Anhum) in general, the Taabi'in and the 4 Imam, have all said that 3 Talaaq that have been given at once, count as 3.

After 3 Talaaq, the couple cannot stay together. Giving the Fatwa that 3 Talaaq count as one, is in reality a certificate to live in Haraam. A normal person cannot detach himself from the great majority and neglect the clear, explicit and obvious proofs to adhere to a few ambiguous texts.

[English version of "3 Talaaq en Questions/Reponses" – Al Jamiat – Vol.3 No.3]