Mujahid said “I was with Ibn ‘Abbas”. A man came to him and said that he divorced his wife by three pronouncements. I kept silence and thought that he was going to restore het to him. He then said “A man goes and commits a foolish act and then says “O, Ibn ‘Abbas! Alaah has said “And for those who fear Allaah, He (ever) prepares a way out.” Since you did not keep duty to Allaah I do not find a way out for you. You disobeyed your Lord and your wife was separated from you. Allaah has said “O Prophet! When you divorce women divorce them in the beginning of their waiting period.” Abu Dawud said “This tradition has been transmitted by Humaid Al A’raj and by others from Mujahid on the authority of Ibn ‘Abbas. Shu’bjh narrated it from ‘Amr bin Murrah from Sa’id bin Jubair on the authority of Ibn ‘Abbas. Ayyub and Ibn ‘Jubair both narrated it from “’Ikrimah bin Khalid from Sa’id bin Jubair on the authority of Ibn ‘Abbas. Ibn Juraij narrated it from ‘Abd Al Hamid bin Rafi’ from ‘Ata from Ibn ‘Abbas. Al A’mash narrated it from Malik bin Al Harith on the authority of Ibn ‘Abbas. They all said about the divorce by three pronouncements. He allowed it and said” (Your wife) has been separated from you similar to the tradition narrated by Isma’il from Ayub from ‘Abd Allaah bin Kathir.” Abu Dawud said “Hammad bin Zaid narrated it from Ayyub from ‘Ikrimah on the authority of Ibn ‘Abbas. This version adds If he said “You are divorced three times saying in one pronouncement, it constitutes a single (divorce). Isma’il bin Ibrahim narrated it from Ayyub from ‘Ikrimah. This is his (‘Ikrimah’s) statement. He did not mention the name of Ibn ‘Abbas. He narrated it as a statement of ‘Ikrimah.”
Hadith Commentary: Sunan Abi Dawud 2197 - Divorce (Kitab Al-Talaq)
This narration addresses the critical matter of triple divorce pronounced in a single sitting, wherein Ibn 'Abbas initially maintained the position that such a pronouncement constituted an irrevocable separation. He rebuked the man for his folly, emphasizing that divine assistance is contingent upon piety, quoting Surah At-Talaq, verse 2. The man's failure to observe God's ordinances precluded any legal recourse for reconciliation, resulting in the finality of the divorce.
Scholarly Perspectives on Triple Divorce
The various chains of transmission (asnad) cited by Abu Dawud reveal a diversity of scholarly opinion. While Ibn 'Abbas's initial stance treated a triple declaration as a single, revocable divorce—a position upheld by narrators like 'Ikrimah—other transmissions indicate he later regarded it as an irrevocable triple divorce. This reflects the evolution of legal interpretation (ijtihad) among the Companions.
The distinction lies in whether the three pronouncements were made successively in one session or as a single declaration. The latter view, attributed to 'Ikrimah, considers it a single divorce, allowing for revocation during the waiting period ('iddah). This aligns with the Qur'anic injunction in Surah At-Talaq, verse 1, to divorce women at the beginning of their 'iddah, implying a revocable process.
Legal Implications and Modern Application
Classical scholars diverged on this issue: the Hanafi school considered triple divorce in one session binding and irrevocable, while the Maliki, Shafi'i, and Hanbali schools viewed it as a single revocable divorce. Contemporary legal reforms in many Muslim-mandated countries have adopted the latter position to prevent hasty marital dissolution, in keeping with the Qur'anic spirit of preserving family unity.
This hadith underscores the principle that legal consequences follow from one's actions. The man's impulsive pronouncement, contrary to the prescribed gradual process of divorce, led to severe marital consequences, illustrating the wisdom behind Islam's meticulous legislation on family matters.