Fatimah daughter of Qais said “I was married to a man of Banu Makhzum. He divorced me absolutely. The narrator then transmitted the rest of the tradition like that of Malik. This version has “Do not marry yourself without my permission.” Abu Dawud said Al Sha’bi, Al Bahiyy and ata from abd Al Rahman bin asim and Abu Bakr bin Abi Al Jahm all narrated on the authority of Fatimah daughter of Qais that her husband had divorced her three times.
Hadith Text & Context
This narration from Sunan Abi Dawud 2287 recounts the case of Fatimah bint Qays, whose husband from Banu Makhzum pronounced three irrevocable divorces (talaq al-ba'in). The phrase "divorced me absolutely" indicates the finality of the separation, making reconciliation impossible without a new marriage contract.
Legal Rulings Derived
The triple talaq immediately terminates marital relations, requiring the woman to complete her waiting period ('iddah) without maintenance or housing from her former husband.
The prohibition "Do not marry yourself without my permission" establishes that a thrice-divorced woman cannot remarry her former husband until she has lawfully married and been divorced from another man (tahleel).
Scholarly Commentary
Classical scholars emphasize that three pronouncements of divorce—whether uttered simultaneously or sequentially—constitute an irreversible separation. The Hanafis consider triple talaq in one sitting valid though sinful, while others require three separate pronouncements.
The multiple chains of transmission noted by Abu Dawud (through Al-Sha'bi, Al-Bahiyy, Ata, etc.) strengthen the authenticity of this ruling, making it a foundational text in Islamic divorce jurisprudence.