The Book of Divorce - Sahih Muslim 1472 b

This narration from Ibn Abbas (Allah be pleased with him) addresses the historical practice of counting three pronouncements of divorce as a single revocation during the time of the Prophet ﷺ, Abu Bakr, and the early years of Umar's caliphate.

Historical Context & Legal Evolution

During the blessed era of the Prophet ﷺ and the caliphate of Abu Bakr Siddiq, when a man pronounced divorce three times in one sitting, it was counted as a single revocable divorce. This allowed for reconciliation during the waiting period.

This practice continued for the first three years of Umar ibn al-Khattab's caliphate, maintaining the original understanding that multiple pronouncements in one session constituted a single divorce.

Scholarly Interpretation

The classical scholars explain that this ruling was based on the understanding that triple divorce pronounced at once was considered an innovation (bid'ah) in divorce procedure, and thus treated as a single pronouncement to discourage this practice.

Later, Caliph Umar instituted the ruling that three pronouncements would count as three divorces to deter people from treating the serious matter of divorce lightly and to prevent hasty decisions that destroy families.

Legal Implications

This hadith demonstrates the flexibility of Islamic law in addressing changing social circumstances while maintaining the primary objective of preserving family structure.

The evolution of this ruling shows how the companions exercised ijtihad (legal reasoning) for the benefit of the community, establishing a precedent for subsequent Islamic jurisprudence.