When a man issues three divorces to his wife in one sitting[1] or with one statement[2], do they all occur? There are three positions on this question:
First, the position of the four Imams and the vast majority of the scholars from the salaf and the khalaf, and that is that all three occur thereby and the woman becomes mughallazah (permanently irrevocably divorced)[3] by means of it, so she is not lawful for her previous husband until she marries [and consummates the marriage with]a husband besides him. This was narrated from Ibn ‘Abbas, Abu Hurayrah, Ibn ‘Umar, ‘Abd Allah ibn ‘Amr, Ibn Mas‘ud and Anas, and it is the opinion of the majority of the people of knowledge from the Tabi‘in and the imams after them, as mentioned in al-Mughni by Ibn Qudamah (7:104). It was also narrated from ‘Umar, ‘Uthman, ‘Ali, al-Hasan ibn ‘Ali and ‘Ubadah ibn al-Samit (Allah be pleased with them) as will come.
Second, that nothing occurs thereby, and this is the position of the Ja‘fari Shi‘ah, as stated by al-Hilli al-Shi‘i in Shara‘i al-Islam (2:57), and al-Nawawi also related it from al-Hajjaj ibn Artah, Ibn Muqatil and Muhammad ibn Ishaq.
Third, the position of some of the literalists and Ibn Taymiyyah and Ibn al-Qayyim (Allah have mercy on them), which is that only one revocable divorce occurs thereby. Ibn Qudamah related it also from ‘Ata’, Tawus, Sa‘id ibn Jubayr, Abu al-Sha‘tha’ and ‘Amr ibn Dinar, but it is not authentic from Tawus and ‘Ata’. As for Tawus, because of what al-Husayn ibn ‘Ali al-Karabisi transmitted in Adab al-Qada’: ‘Ali ibn ‘Abd Allah (Ibn al-Madini) reported to us from ‘Abd al-Razzaq from Ma‘mar from Ibn Tawus that he said about Tawus: “Whoever narrates to you from Tawus that he would narrate three divorces as [being]one, he has lied upon him.” And as for ‘Ata’, because of what Ibn Jurayj narrated, he said: I said to ‘Ata’: “Did you hear Ibn ‘Abbas say: ‘Divorcing a virgin thrice is one [divorce]?’ He said: ‘That did not reach me from him.’” ‘Allamah al-Kawthari (Allah have mercy on him) cited these in his treatise al-Ishfaq ‘ala Ahkam al-Talaq (p. 33, Matba‘ah Majallat al-Islam, Egypt)
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