Which are those rulings where The Salafis make taqleed of when there is no Hadith to prove it.

(Please note, it says "Hadith" not Quran, also that most of these are trick questions) 1) The consumption of buffalo meat and milk is a ruling found in fiqh not in the Ahaadith. The Ghair muqallids make taqleed here, but would not accept it. 2) There are two Sunnats and two farz in the Fajr salah. This is found in fiqh, not in the Ahaadith. The Ghair muqallid makes taqleed of the muqallid here. 3) The number of rakats, and how many are farz, how many Sunnat etc. in Zuhr, Asr, Maghrib and Esha salah are not foud in Ahaadith, but this distribution (of rakats) are found in fiqh. The Ghair muqallid in accepting this distribution of fiqh, are (in reality) making taqleed of fiqh. 4) The Ahle Hadith lift their hands and make dua in the witr salah. They are following Imam Shafi (R.A) in this ruling, as it is not found in Ahaadith. 5) The Ahle Hadith follow Ibn Taimiyyah in the ruling regarding divorce. 6) To read the thanaa and taawuz silently at the beginning of the salah is a ruling of fiqh. The Ahle Hadith follow the scholars of fiqh in this ruling. 7) The Imam has to say the takbeer-e-tahreemah loudly and the muqtadi has to say it silently. This is a ruling found in fiqh, not in Ahaadith. 8) The Imam should say the salaam loudly and the muqtadi should say it softly. This is a ruling found in fiqh, not in Ahaadith. 9) One should read the tasbeehat of ruku and sajdah silently. This is a ruling found in fiqh, not in Ahaadith. 10) The Sunnat salahs are performed individually. Only the farz salahs may be performed in congregation. This is a ruling found in fiqh, not in Ahaadith. 11) The muqtadi should say the ameen in Fajr, Maghrib and Esha aloud; whilst in Zuhr and Asr he will not say it. This is not a ruling found in the Ahaadith. 12) Will the salah of one who misses out the thanaa or taawuz be valid or not? This is a ruling of fiqh, not Ahaadith. 13) As far as where a person should place his hands in the posture between the two sajdahs, could be found in fiqh, not Ahaadith. 14) To leave the hands to the sides whilst in the standing posture between ruku and sajdah is not a ruling of the Ahaadith. The Ahle Hadith follow the ruling of fiqh in this matter. 15) The conditions laid down by the Ghair muqalliDeen for salah are not found in the Ahaadith. They follow the conditions laid down by the Ahnaaf. 16) The intention that the Ghair muqalliDeen make for salah is not found in the Ahaadith. 17) The Ghair muqalliDeen follow Ibn Hajar (R.A) when it comes to the art determining the authenticity of the chain of narrators. 18) Fasting and sacrificing of animals have been made compulsory. These words (of compulsion) are not found in the Ahaadith. They follow the Ahnaaf in this matter. 19) The method in which the Ghair muqalliDeen perform their Janaza salah is not found in the Ahaadith. What I mean by this is, after the first takbeer to read five things (thanaa, taawuz, tasmiyyah, fatiha and a surah). To read Durood-e-Ebrahim after the second takbeer, to read 12/13 duaas after the third takbeer. This method of performing the Janaza salah is not proven from

any authentic Hadith. 20) The claim of the Ghair muqalliDeen, that making dua after the farz salah is an innovation, is not proven from the Ahadith.

Reference: http://www.muftisays.com/forums/members-research-group/4421/answering-salafi-s-pdfdownloads.html Originaly comes from: http://www.alislam.co.za/uploads/A%20Gift%20To%20The%20Ahlul-hadith.pdf Tags: taqleed

posted by abu mohammed on 27th October 2010 - 9 comments

9 Comments
28 Oct 2010
IP Logged musaib
assalamualaikum can i talk 2 u bro. Blogger's Reply: Waalaykum Salaam. These blogs are also on the forums, you can ask anything you like there, if thats Ok, otherwise you can put your comments on the blogs. I am fair and open to correction, I will publish every comment unless asked not to. I am not an Imam/Scholar or any thing like that. What ever I have put up on the blogs comes from scholars themselves. On a few occasions I refute the lies that are said about Islam and I try to give all the evidence I can. This particular Blog comes from: http://www.muftisays.com/forums/members-research-group/4421/answering-salafi-s-pdf-downloads.html And so do many of my other blogs. They all come from sources readily available to every one.

28 Oct 2010
IP Logged abdul
2) Aishah (May Allah be pleased with her) reported: The Prophet (PBUH) never omitted four Rak`ah prayer before the Zuhr prayer and two Rak`ah prayers before dawn (Fajr) prayer. [Al-Bukhari]. )Saheeh Bukhari:

Volume 002, Book 021, Hadith Number 240.

Narated By Masruq : I asked 'Aisha about the night prayer of Allah's Apostle and she said, "It was seven, nine or eleven Rakat besides the two Rakat of the Fajr prayer." Volume 002, Book 021, Hadith Number 270.

Narated By 'Amr : I heard Abu Ash-sha'tha' Jabir saying, "I heard Ibn Abbas saying, 'I offered with Allah's Apostle eight Rakat (of Zuhr and 'Asr prayers) together and seven Rakat (the Maghrib and the 'Isha prayers) together.'" I said, "O Abu Ash-shatha! I think he must have prayed the Zuhr late and the 'Asr early; the 'Isha early and the Maghrib late." Abu Ash-sha'tha said, "I also think so." (See Hadith No. 518 Vol. 1). 5)Ibn Rushd [may Allah have mercy upon him] died nearly 200 years before Ibn Taymiyyahs birth wrote in his monumental classic Bidyat al-Mujtahid wa Nihyat al-Muqtaid concerning this issue. The contention of the majority of the scholars is that three pronouncements of divorce are equal to three divorces. The Dhahiriyah and a group of others hold that such an act is equal to only one divorce. for further: http://www.suhaibwebb.com/islam-studies/ibn-taymiyyah-and-3-divorces-suhaib-webb/ 6)Abu Wail narrates from Ibn Mas'ud (radhiallahu anhu) that he used to recite the following silently: Bismillah, Ta'awwudh and Tahmid. (Musannaf Ibn Abi Shayba: vol. 2 pg 417) 11)"Not of those who receive (Your) anger, nor of those who go astray", then say "aameen" [for the angels say "aameen" and the imaam says aameen"] (in another narration: when the imaam says "aameen" say

"aameen"), so he whose aameen coincides with the aameen of the angels (in another narration: when one of you says "aameen" in prayer and the angels in the sky say "aameen", and they coincide), his past sins are forgiven. if the muqtadi dont hear amin in dhohr and asr salah behind imam, how can he say ameen! 12) how ones prayer breaks is mentioned in hadith, nothing breaks ones prayer, which arent mentioned in hadith. 20) what is not mentioned in hadith, that makes it bida, what is bida and what not, it doesnt need to be mentioned from hadith. Blogger's Reply: Jazakallah for that, You have a valid point for number 2) and possibly part of 6), 11) Aameen must be said, but this doeant mean one must say it loud, You will need to read the thousand of other hadith availabe. 12) says "will the Salah be Valid" not "what beaks the Salah". 20) Dua is mentioned in many Hadith narrated by Aisha (ra). The Prophet used to pray Allahuma antas salam..... Shaykhs like Albani have ommited many Hadith from the Sahihs and because of this, there is so much fitna amongst the muslims. Why did he have to do that. The Imams of hadith were IMAMS of HADITH. They went through tuff rules before accepting the Hadith. like I said, I got it from books written by prominent scholars. The problem with the Salafi is that evolve. They quote ibn Taymiyyah to prove Taraweeh is 8 rakaats, then they quote him again to confirm it is 20 rakats. Its a mess. Joining Salah together is only done in Hajj. The narrations for the combinning of the Salah are when the end time of zohar comes, zohar is prayed and immediatley when asar time starts, asar is prayed. same thing for maghrib and isha, they are prayed at the end time of maghrib and beginnig time of Isha. Simply reading a Hadith doesnt answer all the questions. One needs to read the countless others to come to a decission, The fuqaha have done this for us. Imam Bukhari only wrote approx 7000 hadith in his book, but he knew over 700,000 hadith. He even said that the Hadith he has left out far exceed the number he has written in his book. Try reading the Muwatta of Imam Muhammad, Kitab al Aathar of Imam Abu Hanifa, Al Hidayyah of Hanafi fiqh written over 800 years ago. You will be suprised to see Hadith in there, that, if you mention them to the Salafis, they will say its fabricated, SubhanAllah. The Salafi preacher, Dr Zakir Naik always quotes Sahih Bukhari and says that you must say Aameen loudly. It doesnt even say that in Sahih bukhari. The word Loud or "JAHR" is not used in the arabic version. And I heard this from someone who teaches Hadith for a living. Although the word loud is used in other Hadith. Dr Naik misquotes or half quotes and misleads the Muslims on issues of Fiqh. He should stick to comparative religion or medicine.

29 Oct 2010
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hahahahahahahahah hahahahhaahahahah hahahahahahahhaha Agar kisi k naseeb may hadayet likhi hy tu Inshaallah tumhara ye point aur iss par mara reply dekh kar

Allah Ose Zaroor Hadayet de Ga Inshallah... Jahil Be-Waqoof Fajar k 2 Farz bhii hadees se Sabit hen aur 2 sunnaten bhi ye lo zara parho... "Jis Ne Din Aur Raat May 12 Rakaat Adaa keen Os k Liye Jannat may ghar bana dia jaye ga, 4 rakaat Zuhur se Pahle aur 2 rakaat Zuhur k baad, 2 Rakaat Maghrib k Baad, 2 rakaat ishaa k baad aur 2 rakaat Fajar se Pahle" (See Sahi Muslim Hadith Number 728) Fajar ki 2 sunateen dunya aur mafiha se bahtar hen (sahi muslim kitab ul salah) also see bukhari 154 muslim 259 muslim257 bukhari135 etc Aur Rahi baat Fajar K 2 Faraiz ki tu hadees ki koi kitaab aisy nahi jis say fajar k 2 faraiz sabit na hoon, tum kisi bhi hadees ki kitaab ka Kitab-ul-Salat khul kar check kar lo... Isi Liye Ham kehte hen k MUQALID jahil hota hy, Osay deen ka itna hi pata hota hy jitna os k imam ne ose sikhaya hota hy.... 3) The number of rakats, and how many are farz, how many Sunnat etc. in Zuhr, Asr, Maghrib and Esha salah are not foud in Ahaadith, but this distribution (of rakats) are found in fiqh. The Ghair muqallid in accepting this distribution of fiqh, are (in reality) making taqleed of fiqh. 3. Namaz-e-zoohar, Asar, Magrib, Isha ke kitni rakaten hain, kitnay Faraz hain aor kitni sunnaten hain ya takseen Hadis mai nahi hai, tu sabit howa kay iss takseem mai ghar mukalid bhi takleed kartay hain aor I think Fiqah walon ke he kartay hain.

Dosri Jahalat Mat pahlay bhi hadees likh chuka hoon jis se ye taqseem sabit hoti hy ye lo dobara "Jis Ne Din Aur Raat May 12 Rakaat Adaa keen Os k Liye Jannat may ghar bana dia jaye ga, 4 rakaat Zuhur se Pahle aur 2 rakaat Zuhur k baad, 2 Rakaat Maghrib k Baad, 2 rakaat ishaa k baad aur 2 rakaat Fajar se Pahle" (See Sahi Muslim Hadith Number 728) jhaan tak faraiz ka taluq hy tu may keh chuka hoon k wo hadees ki tamam kitaboon se sabit hen may tumhay kitni hadisoon k hawale dooon

4) The Ahle Hadith lift their hands and make dua in the witr salah. They are following Imam Shafi (R.A) in this ruling, as it is not found in Ahaadith. 4. Ghair Mukalid Namaz-e-Witar mai hat utha kar dua kartay hain, ya IMAM SHAFI (R.A) ke takleed kartay

hain, kioun kay ya masla bhi Sarahatn sahie Hadis mai nahi hai. Ye Bhi Aap ki jahalat hy, Iss may Ahl-e-Hadith Ulma ka Ikhtalaf hy, kabhi hamari masjid may aa kar namaz parho tumhay pata chal jaye ga k sab ahl-e-hadith witar may Hath Othaa kar dua nahi karte Aur jo Ahl-eHadith Hath Othaa kar dua mangte hen os ki waja ye hy k Qanoot E Nazila may hath Otha Kar Dua Mangna Nabi S.A.W se Sabit hy Aur ham ne Dua e Qanoot ko Qanoot e Nazila par hi Qayas kia hy Aur iss K ILawa Abdullah Bin Umar R.A ka Asar bhi mojod hy jis se Un ka dua e qanoot may hath othaa kar dua mangna sabit hy... 5) The Ahle Hadith follow Ibn Taimiyyah in the ruling regarding divorce. 5. Masla-e-talak mai Ibn-e-taymeah ke takleed kartay hain. Jahiloon Par Allah Ki Lanat... Iss Masle Par bhi ham kisi Aur ki nahi Bal'k Apne Imam Muhammad Bin Abdullah S.A.W ki Taqleed Karte hen, ye lo hadees,. Nabi S.A.W k Door may, Abu-Bakar R.A ki Khilafat may Aur Umar R.A ki Khilafat k pahle 2 saloon may aik majlis ki 3 talaqeen 1 hi tasawur ki jati theen (Sahi Muslim 1472,Masnaf Abdul Razaq vol 2/391,hakim 2/214,baheqi 7/332) 6) To read the thanaa and taawuz silently at the beginning of the salah is a ruling of fiqh. The Ahle Hadith follow the scholars of fiqh in this ruling. 7) The Imam has to say the takbeer-e-tahreemah loudly and the muqtadi has to say it silently. This is a ruling found in fiqh, not in Ahaadith. 8) The Imam should say the salaam loudly and the muqtadi should say it softly. This is a ruling found in fiqh, not in Ahaadith. 9) One should read the tasbeehat of ruku and sajdah silently. This is a ruling found in fiqh, not in Ahaadith. 10) The Sunnat salahs are performed individually. Only the farz salahs may be performed in congregation. This is a ruling found in fiqh, not in Ahaadith. 11) The muqtadi should say the ameen in Fajr, Maghrib and Esha aloud; whilst in Zuhr and Asr he will not say it. This is not a ruling found in the Ahaadith. 12) Will the salah of one who misses out the thanaa or taawuz be valid or not? This is a ruling of fiqh, not Ahaadith. 13) As far as where a person should place his hands in the posture between the two sajdahs, could be found in fiqh, not Ahaadith. 14) To leave the hands to the sides whilst in the standing posture between ruku and sajdah is not a ruling of the Ahaadith. The Ahle Hadith follow the ruling of fiqh in this matte 6. Namaz mai SANA taooz ashista awaz mai parhna chayiea, y abhi Fiqah ka masla hai Iss mai bhi dekha jay tu Ghair Mukalid takleed kartay hain. 7. Imam Takbeer-e-tehreema Buland awaz mai kheta hai aor muktadi ahista awaz mai kehtay hain ya masla bhi Fiqah ka hai, Hadis ka nahi. 8. Imam ba-awaz buland salam kehta hai, muktadi ahista awaz mai salam kehtay hain, ya masla bhi Fiqah

ka hai Hadis ka nahi. 9. Rako aor sajday ke tasbehaat ahista parhana chayiea, ya masla bhi Fiqah ka hai, Hadis say sabit nahi. 10. sunnaten alone parhi jati hain jaamt sirf farzon ke hoti hai ya masla bhi fiqah ka hai hadis ka nahi. 11. Fajar, magrib aor Isha mai muktadi ka aamin buland awaz mai kehna aor zohar asar ke namaz main a kehna, ya bhi hadis ka masla nahi hai. 12. ek admi ke Taooz ya SANA reh jati hai, iss ke namaz hoge ya nahi hoge? Ya masla Fiqah ka hai Hadis ka nahi. 13. 2 sajdon kay darmayan hat kidhar rakhna chayia, ya masla bhi Hadis say sabit nahi balkay Fiqah say sabit hai. 14. koomah mai haat chor daytay hain, ya masla bhi Hadis ka nahi hai iss mai Ghair Mukalid ahle-Fiqah ke takleed kartay hain. Ye masaeel parh kar tu sab ko Muqalideen ki jahalat ka andaza ho gaya ho ga, mughe yaqeen hy aap ne zindagi may kabhi kisi hadees ki kitaab ko hath nahi lagaya , agar hath lagaya hota tu aap ko pata hota k ye sab masaael hadees ki kitaboon may mojod hen, Agar Kisi Ko Hawala Chahye tu wo masla btaey may ose hadees ka Hawala doon ga. The conditions laid down by the Ghair muqalliDeen for salah are not found in the Ahaadith. They follow the conditions laid down by the Ahnaaf. 15. Ghair Mukaladin ke Namaz ke sharait Hadis say nahi milten, iss mai bhi ya Ahnaf ke takleed kartay hain. ye bhi aap ki khush fehmi hy, Alhamdulillah Hamari Namaz ka Aik Aik Rukan Sahi Ahaadees se sabit hy, Agar zara si bhi himat hy tu Iss Topic Par bahas kar k dekh lo may Sab Kuch Sahi Ahadees se Sabit Karoon Ga The intention that the Ghair muqalliDeen make for salah is not found in the Ahaadith. 16. Ghair Mukaladin ke namaz ke niya Hadis mai nahi sory ye niya kya hy ye mughe samajh nahi

17) The Ghair muqalliDeen follow Ibn Hajar (R.A) when it comes to the art 17. Asma-u-Rajal mai Ghair Mukaladin Immam Ibn-e-Hajar (R.A) ke Takleed mazay say kartay hain. Himamt hy Tu Apna ye Dawa Sabit karo...... ye mara challange hy bhagna nahi....

18) Fasting and sacrificing of animals have been made compulsory. These words (of compulsion) are not found in the Ahaadith. They follow the Ahnaaf in this matter.

18. Roza faraz hai, qurbani Faraz hai, ya Hadis mai words nahi hain, iss mai bhi Ahnaf ke takleed kartay hain.

Offff Maray Khudaya.... Attention plz Sab log iss jahil muqalid ka ye point no18 ghorr se parhen.... ye keh rhaa hy rozaa, qurbani hadees se sabit nahi.... may tu samajh rhaa tha k tum ne hadees kabhee nahi parhi oye tum ne tu Quran bhi kabhi Nahi Parha, Rozoon ka Farz hona tu Quran se Sabit hy, ye lo zara Sonoo... Ya Ayuhalla Zina Amano Kutiba Alaikum Us Sayyam Kama Kutia Allallazina min qablikum .... Aur Qurbani k baray may... Fasalili Rabi ka Wanhar........

19) The method in which the Ghair muqalliDeen perform their Janaza salah is not found in the Ahaadith. What I mean by this is, after the first takbeer to read five things (thanaa, taawuz, tasmiyyah, fatiha and a surah). To read Durood-e-Ebrahim after the second takbeer, to read 12/13 duaas after the third takbeer. This method of performing the Janaza salah is not proven from any authentic Hadith. 19. Ghair Mukaladin Janazay mai jo tarteeb rakhtay hain ya tarteeb Hadis Pak mai nah imilti, Yani pehli takbeer kay baad (Sana taooz tasmeeah agle sorat) 5 chizean, dosri takbeer kay baad darood IBHRAHIME 3 takbeer kay baad 12 , 13 duain jama karma, ya tareekah janaza ka kis Hadis say sabit hai zara hum ko bhi maloom chalay? Nimaz e Janaza Ka bhi Aik Aik Masla Sahi Ahaades se sabit hy, jis hadees ka bhi hawala chahye may tumhay de doon ga, inshallah..

20) The claim of the Ghair muqalliDeen, that making dua after the farz salah is an innovation, is not proven from the Ahadith. 20. Ghair Mukaladin ka farzon kay baad dua na mangna door-e-jadeed ke aijyad hai Hadis say sabit nahi Oye Be-Waqoof Farzoon k baad dua mangna door-e-jadeeed ki ijaad hy, jis hadees ki bunyad par tum log ijtmai dua karte ho wo zaeeef hy.ye bhi naya topic hy Iss kay alawa aasay bay shumar masail hain jin ko shumar karma shroo kar don tu yakenan INSHALLAH kise ghair mukalid kay pas koie Hadees nahi hoge

Ab tu tumhay yaqeen aa gaya ho ga k Ahl-e-Hadees ka Aik Aik Masla Quran O Hadeees Se Sabit hy, Ham Tumhari Tarah Jahil Aur Andhe Muqalid NAhi

Blogger's Reply: Jazakallah, for your long reply. When I first saw these statements I knew that they were wrong, any one would be able to point out most of them from the Hadith. I think that the article points to those fools who think they know what they are talking about and only quote Sahih Bukhari as their source of guidance. It is a wake up call. Like the last person you havent commented on points 6,7,8 etc. Dont worry we all follow someone in everything we do. You may not be Jahil like me, but I pray to Allah that he takes YOU out from where you think I am. Tum Salafus Saliheen ki baat karte hu aur inki hi baat nahi mante. Yeh post tu sirf eik dekhawa hai tume pass bolane ke liye. Agar tum sub kuch paro ge to InshaAllah tum apna irada badal do ge. (Sorry I dont know Urdu/Hindi very well). Main manta hu ke yeh bekar points hai, lekin aur bhi bohat sare posts hai, is me bhi dekho. Darna mat, Allah tumhare sath hai. Agar mene kuch bhi ghalat bola hu, tu please mujhe maaf karna, meri yeh niyat nahi thi. Aur aap ku to mene maaf kar hi diya hai, so dont worry. Allah hum sub ku Hidayat de, Aameen. Rahee salafus saleheen ki baat, tum sub Hazrat Umar ki baat taal dete hu, Kyu? Shia ho? Nahi na, tu fir kyu Hazrat Umar ki Sunnat nahi apna te ho? A Hadith states that Rasulullaah (SAW) said, Verily Allaah has placed the truth on the tongue of Umar.(1) This tells us that nothing contrary to the truth will come from the tongue of Hadhrat Umar (RA). Therefore, why should he not be a criterion for good and bad? There is also another narration in which Rasulullaah (SAW) said, There has been Muhaddathoon in the previous nations (people whose tongues are inspired with the truth). If there is any Muhaddath in my Ummah, it is definitely Umar.(2) Imaam Tahtaawi (RH) reports a Hadith in which Rasulullaah (SAW) says, Many things will be initiated after me and those that I love the most are the ones that Umar shall initiate. You people should therefore adhere steadfastly to that which Umar initiates.(3) 1) Tirmidhi, as quoted in Mishkaatul Masaabeeh (Pg.554). 2) Mishkaatul Masaabeeh (Pg.554). 3) Imaam Tahtaawi (RH)s commentary to Maraaqil Falaah, Pg.239. SubhanAllah, look at the third Hadith. How many times have we heard that Taraweeh is 8 Rakaats, it was Umar(RA) who introduced 20 rakaats. And how many times have we said that we must follow the Sunnah of The Khulafa e Rashideen. We hear the same thing about Talaq by the same people, they say that it was Umar who said 3 talaqs is 3 not 1 talaq. SubhanAllah! Aap ke liye mene Ahsaan kar diya hai, please waqt mile tu is me zarur dekh na. Salaam, (Suche Dil se, Jahilu ki tarah nahin) http://www.muftisays.com/blog/abu+mohammed/553_09-112010/the-way-or-not-the-way-of-the-salaf..html. Please, jis subject pe Aap ku jawab dena ho, tu please usme hi dena. Aur please angrezi me likho ge tu sub par sakte hai, Sawal ku repat karne ki bhi zarurat nahin hai. Shukriyah

1 Jan 2011
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Wajahat Hussain
Asslam Alaikum Abu Mohammad Bhai. Can just give me reference of this saying "it was Umar who said 3 talaqs is 3 not 1 talaq." Jazakallah Blogger's Reply: Funny you ask for References. It is the best thing to do. I have herad it in many talks by prominent Scholars and teachers of Hadith. It is even in Sahih Bukhari that 3 is 3 and not 1 talaq. It is mostly from the Salafi or other Ghair Muqallids who say that it is the opinion of Umar (RA), then they say that this the reason for not accepting it. Allahu Allum. By the way, PLEASE NOTE, I AM NOT AN IMAM OR MUFTI OR SCHOLAR. JAZAKALLAH. The Q & A section has answers by Muftis. Jazakallah once again for taking the time out to read and reply to my blog.

1 Jan 2011
IP Logged Wajahat Hussain
Assalam Alaikum Abu Muhammad Bhai, How r u, I want to say that we cannot go to conclusion by a single saying of a single Sahabi, however all the Prophets and All the Companions of those Prophets(May Peace and Blessings of Allah be Upon All of Them) are close to us. If a man divorces his wife three times with one word, such as saying, You are thrice divorced, the majority of scholars are of the view that the woman is indeed thrice divorced and becomes forbidden for her husband until she has been married to another man in a serious marriage in which the new husband has intercourse with her and they only separate as a result of death or divorce, not a tahleel marriage (i.e., a marriage of convenience aimed at making it permissible for her to remarry her former husband). They quoted as evidence for that the fact that Umar ibn al-Khattaab (may Allaah be pleased with him) counted such a divorce as being three and judged among people accordingly. Other scholars were of the view that this is to be regarded as a single divorce, and the husband may take her back so long as the iddah has not yet ended. If the iddah has ended then she may marry him with a new marriage contract. They quoted as evidence for that the report narrated in Saheeh Muslim from Ibn Abbaas (may Allaah be pleased with him) who said: At the time of the Messenger of Allaah (peace and blessings of Allaah be upon him), the time of Abu Bakr (may Allaah be pleased with him) and the first two years of the caliphate of Umar (may Allaah be pleased with him), a threefold divorce was counted as one. Umar said: People are being hasty with regard to a matter in which they should not rush. Let us count it as three and judge between people accordingly . According to another report narrated by Muslim: Abul-Sahba said to Ibn Abbaas (may Allaah be pleased with them): Was not three counted as one at the time of the Messenger of Allaah (peace and blessings of Allaah be upon him) and the time of Abu Bakr (may Allaah be pleased with him) and the first three years of the time of Umar (may Allaah be pleased with him)? He said:

Yes, They also quote as evidence the report narrated by Imam Ahmad in al-Musnad with a jayyid isnaad from Ibn Abbaas (may Allaah be pleased with him), that Abu Rakaanah divorced his wife by saying I divorce you thrice, then he regretted it, so the Prophet (peace and blessings of Allaah be upon him) returned her to him with one word and said, This is only one (divorce). This hadeeth and the one before it are to be understood as referring to divorcing by saying I divorce you thrice, in order to reconcile these two hadeeths and the verse in which Allaah says (interpretation of the meaning): The divorce is twice [al-Baqarah 2:229] And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allaah. These are the limits of Allaah, which He makes plain for the people who have knowledge [al-Baqarah 2:230] This was the view of Ibn Abbaas (may Allaah be pleased with him) according to a saheeh report narrated from him; according to the other report narrated from him he shared the view of the majority. The view that they should be regarded as one divorce was narrated from Ali, Abd al-Rahmaan ibn Awf and al-Zubayr ibn al-Awwaam (may Allaah be pleased with them). This was also the view of a number of the Taabieen, Muhammad ibn Ishaaq the author of al-Seerah, and a number of the earlier and later scholars. It was also the view favoured by Shaykh al-Islam Ibn Taymiyah and his student Ibn al-Qayyim (may Allaah have mercy on them). This is also my view, because that is following all of the texts, and because it is also more merciful and kind to the Muslims. Fataawa Islamiyyah, 3/281, 282. It seems that the qaadi was also of this view, which is that the threefold divorce counts as one divorce. Based on this there is nothing wrong with taking her back. But after the iddah is over you cannot take her back, rather you have to make a new marriage contract with her. With regard to taking her back after the iddah is over i.e., after three menstrual cycles this is not valid, because once a womans iddah is completed she becomes a stranger for her husband and she is not permissible for him except with a new marriage contract.

Fataawa Islamiyyah, 3/293