How Many Talaqs Are Necessary For A Divorce?
How many talaqs are necessary for a divorce?
According to Islam, there are three bonds between married couples. Accordingly, if husband divorces his wife twice at most, he may continue his marriage. The bonds of matrimony between spouses become void upon the third talaq.
According to the majority of faqihs including Hanafis and Shafiʽis, “three divorces” performed at the same time are valid as “three talaqs.” In such a case, the husband is considered to have divorced his wife completely (Shafiʽi, al-Umm, VI, 473; Sahnun, al-Mudawwana, II, 3; Quduri, al-Muhtasar, III, 37-38; Ibn Rushd, Bidayah, II, 61).
There are companions and followers who consider such talaq as three talaqs, while some of them consider such talaq as one talaq. Those who support the opinion that such divorce would be a single talaq base their opinions on the narrative by Ibn Abbas: “Three talaqs were considered as one talaq during the era of Prophet Muhammad (saw), Abubakr (ra), and in the first two years of Umar’s (ra) caliphate” (Muslim, Talaq, 15; Ahmad Ibn Hanbal, al-Musnad, V, 61). According to a hadith also narrated by Ibn Abbas, Rukana had divorced his wife with three talaqs at once and he was too upset about it. “How did you divorce her,” the Prophet (saw) asked. Rukana answered, “I divorced her with three talaqs.” The Messenger of Allah (saw) asked again: “At once?” Rukana replied: “Yes.” Thereupon, the Messenger of Allah (saw) said: “It is one talaq. You may go back to her if you would like to” (See Abu Dawud, Talaq, 10; Tirmidhi, Talaq, 2; Ahmad Ibn Hanbal, al-Musnad, IV, 215).
According to the second opinion mentioned above, “three talaqs” uttered consecutively at the same place are considered as “one talaq.” The High Board of Religious Affairs of Türkiye also adopts this opinion.
In the event of a rij’i talaq (revocable divorce) parties may resume their marriage without the needing a new nikah within iddah period. If it is a bain talaq or if the iddah period ends, then they may continue their marriage by solemnizing a new nikah with their own consent.
Source: Presidency Of Religious Affairs The Turkey, High Board of Religious Affairs FATWA
