4. Statement Four
He says: “Jews do not accept three divorces and same is the case about Shia.”
Reply to Statement Four
Shia do not accept anything, but commands of Quran; and the Holy Quran
says:
الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكَ بِمَعْرُوفٍ أَوْ تَسْرِيحُ بِإِحْسَانٍ وَلَا يَحِلُّ لَكُمْ أَنْ تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَنْ يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ ۖ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَأُولَئِكَ هُمُ الظَّالِمُونَ ﴿٣٠﴾ فَإِنْ طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ
“Divorce may be (pronounced) twice, then keep (them) in good
fellowship or let (them) go with kindness; and it is not lawful for
you to take any part of what you have given them, unless both
fear that they cannot keep within the limits of Allah; then if you
fear that they cannot keep within the limits of Allah, there is no
blame on them for what she gives up to become free thereby.
These are the limits of Allah, so do not exceed them and
whoever exceeds the limits of Allah these it is that are the
unjust. So if he divorces her she shall not be lawful to him
afterwards until she marries another husband.”1
It is obvious that realization of the number two or three, Firstly: is in the
instance that the divorce should be repeated from outside. And secondly: between
two divorces, reconciliation or marriage should intervene. If not, it cannot be said
about a woman, who has been divorced twice in one sitting that she is divorced;
its example is that if a person gives two dirhams to someone, it is said that he
gave two dirhams and not that he gave dirhams two times. Every sane person understands this point well.
Another point is: Even though the preceding and following part of the verse
is predicate, but it is having the meaning of imperative; like the verse:
وَالْوَالِدَتُ يُرْضِعْنَ أَوْلَادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ
“And the mothers should suckle their children for two whole years.”2
And the verse:
وَالْمُطَلَّقْتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَثَةَ قُرُوءٍ
“And the divorced women should keep themselves in waiting for three courses.”3
And the tradition of the Prophet: “Prayer is in units of two and Tasha-hud is
recited in every two units, and it should be performed with attention and
sincerity.”4
Now, if the verse under discussion is predicate [and its meaning is that
always externally the divorce is two times and…] then it should not be that
externally the opposite of this should be seen, whereas we see that externally
many a times, men divorce their wives one time. Thus, Shia regard three divorces
as one on the basis of the Holy Quran.
In Ahkamul Quran5 by Abu Bakr Jassas Hanafi this issue is further
explained and this verdict is much narrated from Shia Imams and the only Shafei
has opposed this issue, as Abu Bakr Jassas has refuted his view in detail in his
book of Ahkamul Quran.6
Imam Iraqi says in the book of Tarahus Tasweeb:7
“Malik, Awzai, Abu Hanifah, Laith are those, who have regarded combining
of three divorces as heresy. Dawood and other Zahiriya also believe this.”
Abu Bakr Jassas says in Ahkamul Quran:8
“Hajjaj bin Artat often said that pronouncing three divorces in a single
sitting is of no value. Muhammad bin Ishaq also often said that repetition of three
divorces in a single sitting is regarded as one divorce.”
These are the verdicts of Shia; and if this verdict is the cause of similarity of
Shia to Jews, then jurists and Imams of Ahle Sunnat are also similar to Shia. But
Andulusi has protected the honor of his companions and has only compared Shia to Jews; and he is not without one of the two conditions: either he is ignorant of
jurisprudence of his own sect and has no awareness of this verdict or that he is
aware of it, but he has intentionally issued a false statement.
In this issue, every view other than the view of Shia, which you read or hear
is definitely heretical, which appeared after the passing away of Prophet and
opposed to Quran and Sunnah. They are additions made by personal desires,
which some people liked, and which Umar bin Khattab authorized.
This issue is mentioned in the authentic traditional report, which Muslim has
mentioned in his Saheeh,9 Abu Dawood in his Sunan10 and Musnad.11
It is narrated from Ibne Abbas that he said:
“Three divorces in one sitting during the periods of Messenger of Allah
(s.a.w.a.) and Abu Bakr, and for two years during the Caliphate of Umar was
regarded as one divorce, till Umar bin Khattab said: Verily people have begun to
hasten in a matter, in which they are required to observe respite. So if we had
imposed this upon them, and he imposed it upon them.”
Muslim12 and Abu Dawood13
have narrated through their chains from his
father that Abu Sahba asked Ibne Abbas:
“Do you know that during the periods of Prophet and Abu Bakr, and three
years of Caliphate of Umar, three divorces in one sitting was regarded as one
divorce?”
“Yes,” replied Ibne Abbas.
Muslim14 has narrated through another chain that Abu Sahba said to Ibne Abbas:
“O Ibne Abbas, enlighten us with your information whether three divorces
(pronounced at one and the same time) were not treated as one during the lifetime
of Allah’s Messenger (s.a.w.a.) and Abu Bakr?”
He replied: “It was in fact so, but when during the caliphate of Umar, people
began to pronounce divorce frequently, he allowed them to do so (to treat
pronouncements of three divorces in a single breath as one).”
Commentators have mentioned contradictory viewpoints and expressed
weak justifications regarding this issue and all reports of which are remote from
knowledge, wisdom and Arabic language.
Qastalani15 has regarded this from the difficult traditions – and by my life, it
is very difficult! – and in this instance, it is not possible to explain in detail.