Three As One In A Single Breath Had To Be Proven i.e The Intention By Swearing
Divorce (Kitab Al-Talaq) Dawud :: Book 12 : Hadith 2202 Narrated Rukanah ibn Abdu Yazid:
(Rukanah) divorced his wife absolutely; so he came to the Apostle of Allah (peace_be_upon_him). He asked (him): What did you intend? He said: A single utterance of divorce. He said: Do you swear by Allah? He replied: I swear by Allah. He said: It stands as you intended.
Three Talaq at once were considered three ex-Rasoolullah salala lahu alaihi wa sallam asked Rukhana may Allah be pleased with him whether he intended one or three. Rukhana had to prove his intention was one talaq with oath.
From the above two ways are clear
1.either intend three and utter three at once
2.Intend one and utter one and emphasise the first one with other two talaaq.
Another proof of taking oath to prove intention of givng divorce whether 3 or 1.
Divorce Malik :: Book 29 : Hadith 29.1.9Yahya related to me from Malik that he
heard Ibn Shihab say that if a man said to his wife, "You are free of me, and I
am free of you, " it counted as three pronouncements of divorce as if it were an
'irrevocable' divorce.Malik said that if a man made any strong statement such as
these to his wife, it counted as three pronouncements of divorce for a woman
whose marriage had been consummated, or it was written as one of three for a
woman whose marriage had not been consummated, whichever the man wished. If he
said he intended only one divorce he swore to it and he became
one of the suitors because, whereas a woman whose marriage had been consummated
was made inaccessible by three pronouncements of divorce, the woman whose
marriage had not been consummated was made inaccessible by only one
pronouncement.Malik said, "That is the best of what I have heard."
EXPLAINING THE POINT 2.
In the period Rasoolullah salala lahu alaihi wa sallam and in the period of Abu Bakr Siddiq (radi Allahu anhu), people used to divorce in the following way by uttering "I give you Talaaq, Talaaq, Talaaq". They used to emphasize the first Talaaq with the last two words of Talaaq.The last two Talaaq were uttered just to emphasise the first one.
The below hadith is about point 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. (Muslim Book #009, Hadith #3491)"
During the period of Umar (radi Allahu anhu),people hurried in giving Talaaq.
They just uttered three talaaq.Umar r.a said these three will be considered three.
Note:1 Whoever after this wants to give talaq with the intention of one talaq they should utter only one talaq.
2 If they want to give three talaq then they sould utter three talaq.
3.The concept of taking oath to prove intention also ended.
The below three hadith are about proving intention of one divorce which was uttered thrice in one sitting through an oath.
Sahih Muslim Book 009, Hadith Number 3493Chapter : Pronouncement of three divorces.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 .
Sahih MuslimBook 009, Hadith Number 3492Chapter : Pronouncement of three
divorces.Abu Sahba' said to Ibn 'Abbas (Allah be pleased with them): Do you know
that three (divorces) were treated as one during the lifetime of Allah's Apostle
(may peace be upon him), and that of Abu Bakr, and during three (years) of the
caliphate of Umar (Allah be pleased with him)? Ibn Abbas (Allah be pleased with
them) said: Yes.
Sahih Muslim Book 009, Hadith Number 3492 Chapter :
Pronouncement of three divorces.
Abu Sahba' said to Ibn 'Abbas (Allah be
pleased with them): Do you know that three (divorces) were treated as one during
the lifetime of Allah's Apostle (may peace be upon him), and that of Abu Bakr,
and during three (years) of the caliphate of Umar (Allah be pleased with him)?
Ibn Abbas (Allah be pleased with them) said: Yes.
later As Final Law
*Note:Any case of Instant divorce in one breath ,its intention being not the absolute divorce[final divorce] was to be proven by swearing,since people started making haste in divorcing in single breath ,Umar.radiallah tala anhu did ijtihad where by swearing was cancelled and triple divorce in single breath was taken as final divorce.
'Umar ibn al-Khattaab, radiallah tala anhu, said, "There is no excuse for anyone going astray thinking that he is upon guidance. Nor for abandoning guidance thinking it to be misguidance, since the affairs have been made clear, the proof established[ 1] and the excuse cut off."[2] That is because the Sunnah and the Jamaa'ah have consolidated and safeguarded all of the Religion. It has been made clear to the people, so it is upon the people to comply and follow.[3]
NOTES
1. Al-'Irbaad ibn Saariyah, radiallaahu' anhu, reports that the
Prophet said, ".... I have left you upon clear guidance. Its night is like its
day. No one deviates from it after me except that he is destroyed." Reported by
Ahmad, Ibn Maajah (no. 43) and al-Haakim.2. Reported by Ibn Battah in,
al-lbaantul- Kubraa (no. 162) by way of Awzaa'ee that it reached him that 'Umar ibn al-Khattaab said it. However, its chain is munqati' (disconnected) .
Al-Marwazee reports in as-Sunnah (no. 95) that 'Umar ibn 'Abd Allah-'Azeez
aaid, "There is no excuse for anyone, after the Sunnah, to be misguided upon error which he thought was guidance."
3.'Abdullaah ibn Mas'ood radiallaahu
'anhu, said, "Follow and do not innovate, for you have been given that which is sufficient and every innovation is misguidance. " Reported by Abu Khaithamah in Kitaab Ul-'Ilm (no. 540)
Allah knows best
