And Malik said: 'Three divorces occur by it, even if he did not intend [it], except in the case of khul' (divorce initiated by the wife) or before consummation, for it counts as only one; because it entails separation, and separation is achieved in khul' and before consummation by one [divorce], so no more than that is added, because the wording does not necessitate an increase beyond it. In cases other than those two, three occur out of necessity, because separation is not achieved except by them.' The argument for it being three is that it is the statement of the Companions of the Messenger of Allah (peace be upon him). It has been narrated from Ali, Ibn Umar, and Zayd ibn Thabit that it is three. Ahmad said regarding the terms al-khaliyyah (the vacant one), al-bariyyah (the free one), and al-battah (the definitive one): 'The statement of Ali and Ibn Umar is a sound statement for three.' Ali, al-Hasan, and al-Zuhri said regarding the term al-ba'in (the separated one): 'It is three.' Al-Najjad narrated with his chain of authority from Nafi' that a man came to Asim and Ibn al-Zubayr and said: 'This foster brother of mine divorced his wife definitively (al-battah) before he had consummated the marriage with her, so do you find for him any concession?' They said: 'No, but we have left Ibn Abbas and Abu Hurayrah with Aisha, so ask them, then return to us and inform us.' He asked them, and Abu Hurayrah said: 'She is not lawful for him until she marries a husband other than him.' Ibn Abbas said: 'It is three.' He mentioned that Aisha agreed with them both. Al-Najjad narrated with his chain of authority that Umar (may Allah be pleased with him) initially made al-battah one [divorce], then later made it three divorces. These are the statements of the scholars among the Companions, and no dissenter is known among them in their era, so it constitutes a consensus. Also, because he divorced his wife with a term that necessitates separation, a ruling of a divorce by which separation is achieved became mandatory, just as if he had divorced her three times or intended three. Its necessity for separation is manifest in his statement: 'You are separated (ba'in).' And likewise in his statement: 'Definitively (al-battah)'; because al-batt means to cut off, as if he cut off the entire marriage. For this reason, it is used to express the three divorces, as the wife of Rifa'ah said: 'Rifa'ah divorced me, then definitively (batta) cut off my divorce.' Its root (batl) also means to cut; which is why it is said of
(6) In the original: "fa-innahu". (7) Omitted from the original. (8) From here to his statement: "agreed with them both" later, is omitted from the original. (9) In B and M: "raja'a" (he returned). (10) Recorded by Ibn Abi Shaybah, in: "Chapter on what they said regarding the man who divorces his wife definitively (al-battah)," from the Book of Divorce. al-Musannaf 5/67. (11) Its documentation was mentioned previously, on page 334. (12) Its documentation was mentioned previously, on page 53.
