The meaning of Talaaq of Sunnah is that the divorce should correspond with the word of Allaah and Sunnah of Prophet (salallahu alayhi wa sallam). That is, to divorce a woman after her menstrual period before having sexual intercourse with her, and then to leave her till she completes her prescribed period (Iddah).
Ibn Mas' ood (RA) said:
"Divorce of Sunnah is to divorce her without sexual intercourse. And he said in regard to the word of Allaah, "Divorce them at their prescribed periods." He said: "She should be in the state of purity without sexual intercourse."
Imam Ahmad said:
"Divorce of Sunnah is once, then he leaves her to count three menses."
This is the position of Maalik, Asshaafi "ee, AJ-Awza' ee and Abu Ubaid. While Abu Haneefah and Ath-Thawree and people of Kufah held the opinion that: 'Sunnah is to divorce three times, i.e. to proclaim divorce at the end of each menses during her state of purification without any sexual intercourse. Ali (RA) said:
"No one would divorce according to. Sunnah and regret it."
Another form of divorce of Sunnah that scholars have different opinions on is when someone divorces his wife three times at a time. Is the divorce raj' ee (revocable divorce i.e. one in which the husband can take the wife back)? If it is raj' ee, is it to be counted as once or thrice? Ibn Abbas (RA) held two positions about this. The first position is that he counted it as three, therefore it is forbidden for him. until she marries another man, while his last position is that, it will be counted as one.
Abu Dawud reported through the chain of Tawoos that "Abu As- Sahban said to Ibn Abbas (RA):
"Do you know that when a woman is divorced three times at a time, it is counted as once at the time of Prophet (salallahu alayhi wa sallam), Abu Bakr (RA) and the first three years of Umar's (RA) reign? He (Ibn Abbas (RA» replied 'Yes'" (Muslim)
Shaykh Islam ibn Taimiyah (RA) said:
"But if he divorced her thrice with intention of divorcing her; she is forbidden for him till she marries another man. Scholars have two positions on this matter; one is that it will be counted thrice, therefore she is forbidden for him till she marries another man. The second position is that it will be counted as once, therefore, he can marry her back with another Nikkah after she has completed her Iddah (prescribed period) or he takes her back during the Iddah." (Majmoo' Fataawaa)
This is the position of some followers of Imam Maalik, Abu- Haneefah, and Ahmad. This is the strongest of the two opinions because of what is related in Saheeh Muslim from Ibn Abbas (RA) who said: "To proclaim divorce three times at a time is counted once at the time of the Prophet (salallahu alayhi wa sallam), Abu Bakr (RA) and the early time of Umar (RA) regime" (Muslim, Abu Dawud). Ibn Taimiyah (RAH) concluded that what people quoted as evidence that it will be counted as thrice, is but - the hadeeth of divorce three different times, not three times at a time. Therefore their argument Is weak.
This article was culled from the publications of Deen Communication Limited