الإفتاء

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Three talaqs counting as one

Question

Question: I came across a hadith, whose translation I am writing down, from which you will be able to identify the original hadith: “In the time of the Messenger of Allah ﷺ and of Abu Bakr al-Siddiq ﵁, and even for two years of the caliphate of ‘Umar ﵁, three talaqs were counted as one. Then ‘Umar ﵁ said, ‘People have hastened in a matter in which the Shari‘a had allowed them a respite; if we were to enforce this ruling upon them, it would be appropriate’ — and so he enforced it” (Muslim).

Answer

(1 and 2) According to the Hanafis, talaq is of three kinds. The first is revocable (raj‘i): in it the right to take back (ruju‘) remains within the ‘idda, and after the ‘idda a nikah is valid with the consent of both parties. The second is irrevocable (ba’in): in it the right to take back does not remain, but a nikah is valid whether within the ‘idda or after it.

Source: Fatawa Mahmudiyya

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