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Source of the misinterpreted 'triple divorce law'


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Author Topic: Source of the misinterpreted 'triple divorce law'  (Read 633 times)
Zeynab
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« on: March 22, 2010, 04:43:14 am »

This is with reference to our post Triple divorce law - a wilful misinterpretation by Shariah at our Glorious Quran board.

The source of this misinterpretation of verbally pronouncing "divorce" thrice in one sitting ensues from the motivated fairy tales of Hadith.  The practice has then been given legal recognition by Shariah in various Sunni communities.

Here are a few examples from Sahih al-Muslim, book 9, Kitab al-Talaq (book of divorce).  If you search the Hadith literature, you will find many more such selfishly motivated narrations in which the Hadith narrtors and compilers mock the Prophet (SAAW) and the 4 righteous caliphs.


Book 009, Number 3493:
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 (to treat pronouncements of three divorces in a single breath as one). 

Book 009, Number 3492:  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. 
 
Book 009, Number 3491:  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.


After reading the above audacioous Ahadith, it's hard to decide who's more untruthful, Muslim bin al-Hajaj Nishapuri or the narrators.  These Ahadith casually hint that simply because divorces were getting too frequent or common, therefore the 'three quick divorce practice' was introduced as a short-cut.  It only reflects how insignificant the Quranic laws were to these medieval imams.  To make matters still more astonishing, they have no qualms tarnishing the name of the beloved Prophet (SAAW) by falsely attributing their own mentality to him (SAAW).  In the process, they haven't even spared the names of the Prophet's immediate successors.

It's also worth exposing the contradictions which exist within the Hadith literature itself.

There's another Hadith from the collection of Ahmad ibn Hanbal which says:


Once Rukanah pronounced three divorces against his wife but later he was very sorry for it. When the Prophet asked him, How did you divorce your wife? Rukanah replied that he had pronounced three divorces. The Prophet asked, Did you pronounce it in one sitting? When he said, Yes, the Noble Prophet said, Treat it as one divorce only and if you want you can take your wife back. And Rukanah took his wife back.

So, according to this Hadith, apparently the pronouncement of divorce thrice in "one sitting" was not allowed and was taken as one divorce and therefore, the man who followed this practice was allowed to re-unite with his wife.  This narration shows that Hadith institution realizes the pronounemet of divorce 3 times in one sitting is NOT permissible by the Quran.  Yet, in other collections it propagates that same practice and the so-called Muslim jurists accept it as "sahih."  This amounts to 'intellectual vandalism' by the 'jurists' against the Quran and the Prophet (SAAW).

At face value Hanbal's above quoted Hadith may seem a huge improvement from those presented by Muslim.  But a clsoer look at Hanbal's 'research' makes his work appear just as controversial in terms of authenticity.

It is stated that after reading the Quranic verses on divorce, Hanbal felt that triple talaq in one sitting was clearly wrong.   Thus, he was having a conflict in his mind, whether to become a 'good guy' and stay with the truthful or join the crowd of deviants like Bukhari, Muslim bin Hajaj, Nawai, Malik, Shafi etc. etc.    The Online Muslim Blog states:

Quote -
Hanbal believed that this form of divorce is sinful and bid'ah, it is nevertheless valid and divorce will take place. But he later retracted that position and used to say: "When I reflected on the Qur'anic position I came to the conclusion that it permits only talaq, divorce in which the wife can be taken back."  He then took the position that even if someone pronounces triple divorce it should be treated as one only.
Unquote -

But Hanbal's change of mind didn't correct his error either.  He now began to ignore the crystal-clear Quranic injunction that the third divorce does NOT allow re-marriage unless a particular condition is fulfilled.  Apparently, Hanbal personally wanted to abolish this Quranic condition and was too unconscientious to realize that no one is allowed to change an assertion made by God Almighty.  It's now more than obvious that Hanbal constructed his above Hadith after his discrepant review of the divorce law.

The other imams merrily continued with their own kind of wilful misinterpretation and never expressed remorse.  Imam Nawawi writes:  "Imaam Shaaf'ee, Imaam Maalik, Imaam Abu Hanifa, Imaam Ahmad and all the Ulama of the past say that three Talaaqs in one sitting is three."  (Muslim vol.1 p.478)


Also check:

- Triple divorce law - a wilful misinterpretation by Shariah
-  Divorce in the Glorious Quran
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