How do we respond to those who say that Ibn Taymiyyah contradicted the scholarly consensus (Ijma') with his fatwa that a triple divorce pronounced in a single utterance counts as only one divorce?
It is a scholarly trust to present questions as they are and to protect them from concealment and distortion. Therefore, it is not permissible to claim a consensus (Ijma') easily, because Imam Ahmad ibn Hanbal was of the view that whoever claims a consensus has lied. Consensus does not mean ignorance of a differing opinion; rather, it means the absence of any disagreement.
Ibn al-Qayyim, may Allah have mercy on him, refuted those who claimed a consensus that a triple divorce counts as three. He presented evidence from the Qur'an and , and from the sayings of the Companions, the Tabi'un (followers), and those who came after them, that a triple divorce uttered in a single phrase counts as one divorce.
He mentioned that this view was an old consensus during the era of Abu Bakr and for three years of Umar's caliphate. However, Umar saw a benefit in punishing those who trifled with the matter of divorce by making the triple divorce count as three. The Companions agreed to this, understanding it as a policy of Umar and a disciplinary measure for his subjects.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 8400
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy