What is the ruling regarding a triple divorce (Talaqat Thalath) pronounced at once after consummation?

General Chapter

Al-Mughni

Book of Reconciliation (Return During 'Iddah)

Book 40 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a husband divorces his wife three times using a single declaration, she becomes permanently unlawful (Muharrama) to him until she marries another husband, according to the opinion of the majority of scholars. There is consensus that a wife divorced three times after consummation is not lawful to the first husband until she marries a second legitimate husband. This is based on the explicit Quranic statement: 'And if he has divorced her [for the third time], then she is not lawful to him afterward until she marries a husband other than him' (Quran 2:230). Evidence supporting this is the Hadith narrated by 'Aishah regarding Rifa'ah al-Qurazi, whose wife sought the Prophet's guidance after marrying 'Abd al-Rahman ibn al-Zubayr, and the Prophet stated she could not return to Rifa'ah until the second husband experienced marital intimacy with her ('usailataha').

Supporting text

The majority of scholars hold that she must be intimately joined with the second husband (coitus that involves the meeting of the two circumcised parts) to be lawful for the first husband. However, Sa'id ibn al-Musayyab held that if the second marriage is sound and not intended merely for the purpose of rendering her lawful again (Ihlal), the first husband may marry her without the second husband having consummated the marriage. Ibn al-Mundhir states that no scholar held Sa'id ibn al-Musayyab's view except the Khawarij, who adhered strictly to the literal text of the Quran without accepting the Prophet's explanation of the intended meaning.