Fatima bint Qais said: "I was married to a man from Banu Makhzum, and he divorced me irrevocably." Then he narrated something similar to the hadith of Malik, in which he said: "And do not miss letting me know about yourself." Abu Dawud said: Al-Sha'bi, al-Bahiyy, and Ata narrated it from Abd al-Rahman bin Asim, and Abu Bakr bin Abi al-Jahm, all of them on the authority of Fatima bint Qais, that her husband 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.