I said: 'O Messenger of Allah, what if I had divorced her three times; would it have been permissible for me to take her back?' He replied: 'No, she would have become irrevocably separated from you, and it would have been an act of disobedience.' Nafi' said: 'Abd Allah had divorced her with one pronouncement, so it was counted as one of his divorces, and he took her back as the Messenger of Allah (may Allah bless him and grant him peace) commanded him' (14). And from the narration of Yunus ibn Jubayr from Ibn Umar, he said: I said to Ibn Umar: 'Is it counted against him, or is it reckoned against him?' He said: 'Yes, what do you think if he acts helplessly and foolishly?' (15). These are all authentic hadiths. Furthermore, it is a divorce from one legally accountable (mukallaf) regarding a valid subject of divorce, so it takes effect, like the divorce of a pregnant woman. It is not an act of worship (qurba), such that one must consider compliance with the Sunnah for it to take effect; rather, it is the removal of a marriage bond and the termination of a possessory right. Therefore, its occurrence during a time of bid'ah (innovation) is even more fitting, as a severity upon him and a punishment for him. As for someone other than the husband, they do not possess the right to divorce, and the husband possesses it by virtue of his ownership of the subject matter.
Section: It is recommended that he takes her back due to the Prophet's (may Allah bless him and grant him peace) command to take her back; the minimum implication of a command is recommendation, and because by reconciliation (raj'ah), he removes the element that rendered the divorce prohibited. This is not obligatory according to the manifest view (zahir) of the school, which is the opinion of Al-Thawri, Al-Awza'i, Al-Shafi'i, Ibn Abi Layla, and the People of Opinion (Ashab al-Ra'y). Ibn Abi Musa narrated another position from Ahmad, that reconciliation is obligatory, and he chose it. This is the opinion of Malik and Dawud, based on the literal sense of the command implying obligation, and because reconciliation serves to maintain...
= It is also recorded by Al-Bayhaqi in: Chapter on what has come regarding the execution of triple divorce even if they were combined, from the Book of Khul' and Divorce. Al-Sunan al-Kubra 7/334. And Imam Ahmad in: Al-Musnad 2/6. (14) We did not find this wording from Nafi', but it was recorded by Muslim from Salim in: Chapter on the prohibition of divorcing a menstruating woman without her consent... from the Book of Divorce. Sahih Muslim 2/1095. And by Al-Bayhaqi from Salim as well in: Chapter on what has come regarding Sunnah divorce and Bid'ah divorce, from the Book of Khul' and Divorce. Al-Sunan al-Kubra 7/324. (15) In the original [manuscript], B, and M: "wa-istahmaqa" (and he acted foolishly). It is a rhetorical question of disapproval, and its interpretation is: Yes, it is reckoned; its being reckoned is not prevented by his helplessness and foolishness. It was recorded by Al-Bukhari in: Chapter on if a menstruating woman is divorced, he reckons that divorce, from the Book of Divorce. Sahih al-Bukhari 7/52, 53. And by Muslim in: Chapter on the prohibition of divorcing a menstruating woman without her consent, from the Book of Divorce. Sahih Muslim 2/1096, 1097. It was also recorded by Abu Dawud in: Chapter on Sunnah divorce, from the Book of Divorce. Sunan Abi Dawud 1/504. And by Al-Tirmidhi in: Chapter on what has come regarding Sunnah divorce, from the Book of Divorce. 'Aridat al-Ahwadhi 5/123, 124. And by Ibn Majah in: Chapter on Sunnah divorce, from the Book of Divorce. Sunan Ibn Majah 1/651. (16) In B and M: "hiya" (she/it).
