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Ibn Abi Ahmed
12-03-2007, 12:54 AM
:sl:

http://www.suhaibwebb.com/blog/2007/...s-suhaib-webb/

Asalamu alaykum,

Did Ibn Taymiyyah go against the binding consensus with his opinion on divorce?
Ibn Taymiyyah and the three divorce issue:

Ibn Rushd [may Allah have mercy upon him] died nearly 200 years before Ibn Taymiyyah’s birth wrote in his monumental classic Bidāyat al-Mujtahid wa Nihāyat al-Muqtaid concerning this issue. “The contention of the majority of the scholars is that three pronouncements of divorce are equal to three divorces. The Dhahiriyah and a group of others hold that such and act is equal to only one divorce.”

Thus, it is quite clear from this statement that Ibn Taymiyyah did not reject the ‘Ijma of the scholars on this issue since, as Ibn Rushd mentioned, there was only a “Majority” and no “‘Ijm’a” consensus on the issue.

However, the question arises as to why Ibn Taymiyyah would take such an opinion.

Imam al-Shaf’i, Imam Abo Dawud, Imam al-Daraqtuni relate that Ibn ‘Abbas said, “Ruk’a divorced his wife three times in one sitting. Thereafter he was extremely grieved and went to the Prophet [may the peace and blessings of Allah be upon him] and complained to him. The Prophet [may Allah’s peace and blessings be upon him] asked him, “How did you divorce your wife?” He responded, “I pronounced three divorces at once.” The Prophet [may Allah’s peace and blessings be upon him] responded, “Indeed, this type of divorce is only equal to one divorce.”

Some scholars questioned the strength of this hadith stating that it was mutarib such as Imam al-Bukhari. However, Ibn Kathir states, “However, Abu Dawod narrated it with a different chain and it is a good hadith inshallah.” See Bidyatul Mujtahid Dar al-Salam print volume 2 pg 1383.

In addition, Imam Ahmed adds that the Prophet [may Allah’s peace and blessings be upon him] said, “Return her if you like?” Ibn Abbas adds, “So he returned her” and Imam Ahmed considered this narration good.

al-Hakim relates that a man came to Ibn ‘Abbas and asked him, “Are you aware that three divorces during the time of the Prophet [may Allah’s peace and blessings be upon him] equaled one [divorce]?” Ibn Abbas responded, “Yes.” al-Hakim states that this hadith is sound.

Dr. Abdullah al-’Uhad states, “There was a group of scholars who contended that one pronouncement of divorce could not follow another (meaning one said I divorce you! I divorce you! I divorce you! All at the same moment) but that, if it took place, it would only count as one divorce. This was related by Abu Musa as the opinion of Ali bin Abi Talib [may Allah be pleased with him], Ibn ‘Abbas, Tawus, ‘Ata, Jabir bin Zaid, al-Hadi, al-Qasim, al-Baqir, al-Nasir Ahmed bin ‘Esa and Zaib bin ‘Ali [may Allah be pleased with them all]

This was also the opinion fo some of the later day scholars: Ibn Taymiyya, Ibn al-Qayyim and other critical scholars. This was also related to be the opinion of the scholars or Cordoba and is currently followed by a large body of Muslim scholars do to its ease and removal of hardship.” See Sharh Bidayatul al-Mujtahid pg. 1384

Another proof used is qiyas [analogy] on other acts of worship that involve words and testaments:

1. If one witness said, “I swear by Allah twenty times that this happened.” It would only be counted as one witness
2. If a man said, “I committed zina five hundred times.” He would only be punished for one act of zina
3. If a person sat after prayer and said, “I glorify Allah thirty three times, praise him thirty three times and I recognize His greatness 33 times.” It would only count as saying each on of those things once.
See Sub al-Salam of al-San’ani

Suhaib
Cairo 2007
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syilla
12-26-2007, 03:36 AM
*bump
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Malaikah
12-26-2007, 05:47 AM
:sl:

Excellent post! Jazakaallah khayr!
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boriqee
12-29-2007, 03:37 AM
Is ibn Taymiyyah's opinion on triple divorce in opposition to an existing consensus amongst the scholars?


heres a mention of shaykul-Islaam's refutation of the claims of ijmaa' on this issue:

1-That his view was held by senior Sahaaba(radiALLAHU 'anhum) like Abu Bakr, 'Umar - in his first 2 years of his khilafah, 'Ali, Ibn Mas'ud, Ibn Abbas (in one of his views, al-Zubayr and ibn 'awf. And that the ikhtilaf amongst the salaf upon this matter cannot be denied

Reference: ibn Taymiyyah, fatawa. vol. 33 p.91

2-That his grandfather Shaykul-Islaam Majd ad-Deen Ibn Taymiyyah(rahimahullah) also held this opinion, however would use his ijtihad to arrive at the opposing opinions in certains circumstances based upon maslaha in individual cases.

Reference: Ibid., Vol. 33 p.93

3a-Ibn Mughith cites Ibn Taymiyyah's position in his book al-Muqni' to maliki scholars of Cordoba such as Ibn Zinba, al-Husayni, Ibn Mukhlid and Ibn al-Habab. Also that 20 scholars from Toledo (Andalus) held this position

Reference: Ibid., p. 83. The text of Ibn Mughith is also cited by Ibn Qayyim in his Ighaathat, Vol. 1 p.482, al-Mardawi, al-Insaf, vol. 8 p. 455, Ibn Hajar, Fath, vol. 11 p.278, al-Shawkani, Nayl, Vol. 8 p.20

3b-as well as a narration from Malik.

Reference: Ibn Taymiyyah, Fatawa, vol. 33 p. 83


4-Muhammad b. Muqatil al-Razi a famous hanafi 'alim held this opinion.

Reference: Ibid., vol. 33 p. 83

5-The majority of the dhahiris held this opinion on triple talaaq.

Reference: Ibid., p. 8, Ibn Qayyim, al-Ighaathat vol. 1 p. 435, 482, Ibn al-Mubarrid, Sayr al-Hath, p. 157

There are other points mentioned by the author from Ibn Taymiyyah, however interestingly enough he mentions other scholars who held the same position as Ibn Taymiyyah:

Ibn Hazm al-Muhalla, vol. 10 p. 204

Ibn Rushd Bidayat al-Mujtahid, vol. 2 p. 72

An-Nawawi Sharh Sahih Muslim, Vol. 4 p. 70

Ibn Qudamah - He mentions the scholars ikhtilaf on a triple divorce pronounced by one word al-mughni, Vol. 10 pp. 96-97. He also mentions the existence of disagreement on triple divorce which is carried out in separate words, in the case of a wife whose husband has not consummated the marriage. al-Mughni, vol. 10 pp. 298-301

al-Lakhmi Ibn Qayyim al-Ighaathat, vol. 1 p.482

al-Tahawi ibid., vol. 1 p.483

al-Nasafi ibid., p. 484

Abu l-Wahid al-Qurtubi ibid., p.484

Ibn Qayyim he cites 20 proofs why there is no ijmaa' ibid., vol. 1 pp. 478 - 487

Ibn Hajar Fath, vol. 11 pp.277-278

al-Shawkani Nayl, vol. 8 pp 19-20

Ibn Baz - Fatawa al-Talaaq pp. 79-81
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