Sunan an-Nasai

Hadith 3430

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Sunan an-Nasai · Hadith 3430

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Three Simultaneous Divorces And A Stern Warning Against That

English source

Darussalam · Volume 4

27. The Book Of Divorce

Sunan an-Nasai Darussalam English translation

Arabic source
Shamela Arabic edition (opens in a new tab)

الحديث: 3401 ¦ الجزء: 6 ¦ الصفحة: 142

DarussalamSahihAl-AlbaniDa‘if
Al-Albani source references (2)
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Text and translation

English translation

3430. Makhramah narrated that his father said: "I heard Maḥmūd bin Labīd say: "The Messenger of Allāh ﷺ was told about a man who had divorced his wife with three simultaneous divorces. He stood up angrily and said: Is the Book of Allāh being toyed with while I am still among you? Then a man stood up and said: 'O Messenger of Allāh, shall I kill him?'" (Sahih)

Arabic text

3401 - أَخْبَرَنَا سُلَيْمَانُ بْنُ دَاوُدَ، عَنْ ابْنِ وَهْبٍ، قَالَ: أَخْبَرَنِي مَخْرَمَةُ، عَنْ أَبِيهِ، قَالَ: سَمِعْتُ مَحْمُودَ بْنَ لَبِيدٍ، قَالَ: أُخْبِرَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَنْ رَجُلٍ طَلَّقَ امْرَأَتَهُ ثَلَاثَ تَطْلِيقَاتٍ جَمِيعًا، فَقَامَ غَضْبَانًا ثُمَّ قَالَ: «أَيُلْعَبُ بِكِتَابِ اللَّهِ وَأَنَا بَيْنَ أَظْهُرِكُمْ؟» حَتَّى قَامَ رَجُلٌ وَقَالَ: يَا رَسُولَ اللَّهِ، أَلَا أَقْتُلُهُ؟

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Commentary

1. In view of men's frailties and haste, the Divine law has stipulated three phases of divorce and, subsequent to the first two fold divorces, has kept the provision of returning or taking one's wife back so that such deep relationship does not become the prey of human hastiness. A man who divorces rather should reflect and contemplate and make a decision keeping the passionate emotions at bay. The one who pronounced a threefold divorces simultaneously lost, as it were, all these three opportunities, and turned the matter of eminent relationship into sport and relinquished it to hastiness. So much so that now no possibility of reunion with the woman remained. He, therefore, openly disobeyed or violated the clearly manifest Qur'anic guidance that the divorce be given separately. 2. It becomes known that giving threefold divorce together or simultaneously is contrary to the Divine law. Imām Abū Hanifah ﷺ is the proponent of this viewpoint, but Imām Shafī does not consider it forbidden, because man has the right of three pronouncements of divorce. He made use of it, as he desired it. If he has lost the phased opportunities, it is his loss. 3. If someone commits this sacrosanct act (of pronouncing threefold divorces simultaneously), according to the dominant majority of scholars, all the divorces shall be considered effected, and the woman shall become forbidden for him.