Azami 6570

Ahmad (2387), Abu Yaala (2500), and Bayhaqi (7/339) all narrated it through Muhammad bin Ishaq, who said, "Dawud bin Husayn told me," from Ikrima, the freed slave of Ibn Abbas, from Ibn Abbas, and he related it. Its chain is hasan because of Muhammad bin Ishaq.As for Dawud bin Husayn, he is trustworthy in himself and is among the narrators found in the six major collections. Ibn Main deemed him trustworthy without qualification, and Nasai said, "There is no harm in him." Ibn Adi said, "His hadith is sound when a trustworthy narrator reports from him." But Ibn Madini said, "What he narrates from Ikrima is objectionable." Abu Dawud said, "His hadiths from his own teachers are sound, but his hadiths from Ikrima are objectionable."But if the hadith of Ibn Jurayj is added to this, in which he said, "One of the sons of Abu Rafi, the freed slave of the Prophet ﷺ, told me," from Ikrima, the freed slave of Ibn Abbas, from Ibn Abbas, then the hadith is strengthened. This is what Abdul-Razzaq (11334) narrated, and from him Abu Dawud (2196), through the path just mentioned, from Ibn Abbas, who said, "Abd Yazid, the father of Rukana and his brothers, divorced the mother of Rukana and married a woman from Mazina. She came to the Prophet ﷺ and said, 'He is of no use to me except like this hair,' taking a hair from her head, 'so separate me from him.' This made the Prophet ﷺ angry. So he summoned Rukana and his brothers and said to those sitting with him, 'Do you see so-and-so resembling him in such and such?' meaning Abd Yazid, 'and so-and-so resembling him in such and such?' They said, 'Yes.' The Prophet ﷺ said to Abd Yazid, 'Divorce her.' He did so. Then he said, 'Take back your wife, the mother of Rukana and his brothers.' He said, 'But I divorced her three times, O Messenger of Allah.' He said, 'I know, take her back,'" and he recited, "O Prophet, when you divorce women, divorce them for their prescribed period" [Talaq 65:1].This narration contains the anonymity of this "one of the sons of Abu Rafi," whose own sons are among the Followers, though they are corroborated in the first chain of transmission. The combination of the two paths produces strength, since they agree on the wording of the hadith, that he pronounced three divorces in a single sitting, and the Prophet ﷺ made it count as one and instructed him to take her back.Ibn Hajar preferred the narration of Ibn Ishaq and said, "This hadith is explicit on the issue and does not admit the interpretation found in the other narrations mentioned later..." Fath al-Bari (9/362). Then Ibn Hajar attributed this position to Ali, Ibn Masud, Abdul-Rahman bin Awf, and Zubayr. Ibn Mughith mentioned this in his book Kitab Wathaiq, attributing it to Muhammad bin Wadhah. Ghunawi related it from a group of the scholars of Cordoba, such as Muhammad bin Baqi bin Makhlad and Muhammad bin Abdul-Salam Khushani and others. Ibn Munzir related it from the companions of Ibn Abbas, such as Ata, Tawus, and Amr bin Dinar. Ibn Hajar said, "One wonders at Ibn Tin, who asserted definitively that there is no disagreement about the binding nature of the triple divorce, and that the disagreement is only about its prohibition, despite the disagreement being established as you see. What strengthens the aforementioned hadith of Ibn Ishaq is what Muslim narrated through the path of Abdul-Razzaq, from Muammar, from Abdullah bin Tawus, from his father, from Ibn Abbas..." and he related it. End of quote.The Difference in Ibn Abbas's RulingsFrom Mujahid, who said, "I was with Ibn Abbas when a man came to him and said that he had divorced his wife three times. Ibn Abbas remained silent until I thought he would restore her to him. Then he said, 'One of you goes and commits folly, then says, "O Ibn Abbas! O Ibn Abbas!" Allah said, "Whoever fears Allah, He will make for him a way out" [Talaq 65:2], but you did not fear Allah, so I find no way out for you. You disobeyed your Lord, and your wife has become separated from you. Allah said, "O Prophet, when you divorce women, divorce them for their prescribed period" [Talaq 65:1].'"Abu Dawud (2197) narrated it from Humayd bin Masada, who said, "Ismail told us," "Ayub informed us," from Abdullah bin Kathir, from Mujahid, who related it. Its chain is sahih. Abu Dawud said, "It was likewise narrated by Saeed bin Jubayr, Ata, Malik bin Harith, and Amr bin Dinar, all from Ibn Abbas, and they said in their account regarding the triple divorce that he allowed it, and he said, 'She is separated from you.'"Hammad bin Zayd narrated from Ayub, from Ikrima, from Ibn Abbas, "If he says, 'You are divorced three times,' in a single utterance, then it counts as one." But Ismail bin Ibrahim narrated from Ayub, from Ikrima, this statement without mentioning Ibn Abbas, making it the statement of Ikrima himself.This means there are two views reported from him on this matter. The first, narrated by the majority of his companions, is that he permitted the triple divorce when pronounced with the wording of three. The second is that the triple divorce does not take effect, as in the narration of Ikrima from him. Reconciling the two is possible, in that he initially held the view of enforcing the triple divorce, then it became clear to him that it counts as one, so he changed his position, just as he changed his position regarding usurious exchange.Abu Dawud said, "Ibn Abbas's view is that the triple divorce separates the woman from her husband, whether the marriage was consummated or not, and she is not lawful for him until she marries another husband. This is like his other report concerning usurious exchange, in which he said something, then retracted from it," meaning Ibn Abbas. End of quote. This last view is the one that supports the hadith of Rukana, and Sheikh Islam bin Taymiya championed it, along with his student Ibn Qayyim. Ibn Hajar has other responses in Fath al-Bari, so refer to it.As for what was narrated from Nafi bin Ujayr bin Abd Yazid bin Rukana, that Rukana bin Abd Yazid divorced his wife Suhayma with an irrevocable pronouncement, and informed the Prophet ﷺ of this and said, "By Allah, I intended nothing but one," and the Messenger of Allah ﷺ said, "By Allah, I intended nothing but one," and Rukana said, "By Allah, I intended nothing but one," so the Messenger of Allah ﷺ returned her to him, and he then divorced her a second time during the era of Umar, and a third time during the era of Uthman, this is daif. Abu Dawud (2206) narrated it from Ibn Sarh and Ibrahim bin Khalid Kalbi, Abu Thawr, among others, who said, "Muhammad bin Idris Shafii told us, 'My uncle Muhammad bin Ali bin Shafi told me,' from Abdullah bin Ali bin Saaib, from Nafi bin Ujayr," and he related it.Abu Dawud said, following the hadith of Ibn Jurayj, "The hadith of Nafi bin Ujayr, and of Abdullah bin Ali bin Yazid bin Rukana, from his father, from his grandfather, that Rukana divorced his wife with an irrevocable pronouncement and the Prophet ﷺ returned her to him, is more sahih, because they are the man's own descendants, and his family knows him best, that Rukana only divorced his wife with an irrevocable pronouncement, and the Prophet ﷺ made it count as one." End of quote.I say, but it contains Nafi bin Ujayr, about whom there is disagreement. It was said that he was a companion. Ibn Hibban mentioned him in Thiqat, but no one else deemed him trustworthy, so he is "unknown" according to the majority of scholars. Ibn Qayyim said, "Unknown, his status is not known at all."Sheikh Islam bin Taymiya, may Allah have mercy on him, said, "But the great imams who understood the defects of hadith and its jurisprudence, such as Imam Ahmad, Bukhari, and others, and Abu Ubayd, and Abu Muhammad bin Hazm, and others, weakened the hadith of the irrevocable pronouncement, and explained that its narrators are unknown people whose integrity and precision are not established. Ahmad established the hadith of the triple divorce and clarified that it is correct, as in his statement, 'The hadith of Rukana does not establish that he divorced his wife with an irrevocable pronouncement.' He also said, 'The hadith of Rukana regarding the irrevocable pronouncement is worthless, because Ibn Ishaq narrates from Dawud bin Husayn, from Ikrima, from Ibn Abbas, that Rukana divorced his wife three times.' The people of Madinah call one who divorces three times as having divorced with an irrevocable pronouncement. Ahmad only turned away from the hadith of Ibn Abbas because he held the view that the triple divorce is valid, in agreement with Shafii." End of quote. Majmu Fatawa (15/33).Likewise, what is narrated from Abdullah bin Ali bin Yazid bin Rukana, from his father, from his grandfather, that he divorced his wife with an irrevocable pronouncement, so he came to the Messenger of Allah ﷺ, who said, "What did you intend?" He said, "One." He said, "Allah?" He said, "Allah." He said, "It is as you intended," is not sahih. It was narrated by Abu Dawud (2208), Tirmidhi (1177), and Ibn Majah (2051), and Ibn Hibban (4274) and Hakim (2/199) graded it sahih, all through the hadith of Jareer bin Hazim, from Zubayr bin Saeed, from Abdullah bin Ali bin Yazid bin Rukana, and he related it.Abu Dawud said, "This is more sahih than the hadith of Ibn Jurayj, that Rukana divorced his wife three times, because they are his household and they know him best, while the hadith of Ibn Jurayj was narrated from one of the sons of Abu Rafi, from Ikrima, from Ibn Abbas." End of quote. But Tirmidhi said, "This is a hadith we do not know except through this route, and I asked Muhammad about this hadith, and he said, 'It contains confusion, and it is narrated from Ikrima, from Ibn Abbas, that Rukana divorced his wife three times.'" End of quote.I say, in its chain is Zubayr bin Saeed, who is daif. Ajurri reported from Abu Dawud, "There is something objectionable in his hadith. I know nothing except that I heard Ibn Main say he is daif." And another time he said, "It reached me from Yahya that he weakened him." But in the narration of Dawri from Ibn Main, he said, "Trustworthy," and another time said, "He is nothing." Abu Zura said, "A middling narrator." It also contains Abdullah bin Ali bin Yazid, whom no one deemed trustworthy except Ibn Hibban, and no one narrated from him except Zubayr bin Saeed. Aqeeli said, "He is not corroborated in his hadith," his hadith being confused. He narrated an objectionable hadith regarding divorce. His father, Ali bin Yazid, was likewise deemed trustworthy only by Ibn Hibban. Bukhari said, "His hadith is not sahih."It is also narrated regarding the story of Fatimah bint Qays, who said, "My husband divorced me three times while he was setting out for Yemen, and the Messenger of Allah ﷺ upheld that." Ibn Majah (2024) narrated it from Muhammad bin Rafi, who said, "Layth bin Saad informed us," from Ishaq bin Abu Farwa, from Abu Zinad, from Amir Shaybi, who said, "I said to Fatimah bint Qays, 'Tell me about your divorce,'" and she related it. Its chain is very daif, for Ishaq bin Abu Farwa, that is, the son of Abdullah bin Abu Farwa, is discarded.Perhaps Ibn Majah was misled by the phrase "the Messenger of Allah ﷺ upheld that" and thought it meant this happened in a single sitting, so he titled the chapter "Chapter on one who divorces in a single sitting." The correct account of Fatimah bint Qays's story is that her husband divorced her in separate stages, as found in the narrations of Muslim and others, "so he sent to his wife Fatimah bint Qays the final pronouncement of divorce that remained from her divorce." (1480:41) So the phrase "the Messenger of Allah ﷺ upheld that" is one of the alterations of Ishaq bin Abu Farwa, for otherwise the hadiths only contain, "She has no right to housing or maintenance."Important PointsDivorce is of three types.1. Revocable divorce. This is the type in which he may take her back without her consent, and if either of them dies during the waiting period, the other inherits from them.2. Irrevocable divorce. In this, he remains merely a suitor, and she is not lawful for him except through a new marriage contract.3. The divorce that makes her forbidden to him. She is not lawful for him until she marries another husband.Divorce pronounced within a single period of purity, whether with one word or several, such as saying, "You are divorced three times," or "You are divorced, divorced, divorced," or "You are divorced, then divorced, then divorced," or "You are divorced three times, or a hundred times, or a thousand times," the scholars hold two views on this.The first is that it constitutes a binding triple divorce. This was held by Abu Hanifa, Malik, Shafii, and Ahmad in one narration from him, which most of his followers chose, and it was also held by many of the early generations among the companions, the Followers, and those after them.The second is that only a single divorce is binding on him. This was held by some of the followers of Abu Hanifa, Malik, and Ahmad, and it is reported from a group of the early and later scholars among the companions of the Messenger of Allah ﷺ, such as Ali, Ibn Masud, Zubayr bin Awwam, and Abdul-Rahman bin Awf. Sheikh Islam mentioned it in his fatwas.The correct position on this matter is that it is best for each person to refer to the fatwa authority in his own country, so as not to fall into contradiction and confusion in his affairs. Allah is the one who guides to the straight path.