Siyar al-Hath ila Ilm al-Talaq al-Thalath

Siyar al-Hath ila Ilm al-Talaq al-Thalath (The Swift Pace toward Knowledge of the Triple Divorce) is a treatise on Islamic jurisprudence by the Hanbali scholar Ibn al-Mubarrad (Jamal al-Din Yusuf ibn Hasan ibn Abd al-Hadi, 840–909 AH / 1436–1503 CE) addressing the legal rulings and scholarly disagreements concerning triple divorce pronounced in a single sitting and related matters Siyar al-Hath ila Ilm al-…+1.

Structure and Content

The author organized the work into twelve designated chapters Siyar al-Hath ila Ilm al-…:

1. That a triple divorce takes effect as three divorces.
2. Those among the Companions and jurists who held and issued legal rulings according to this view.
3. The arguments and textual proofs presented by this group.
4. The position that a triple divorce takes effect as only a single divorce.
5. Those who adopted and issued legal rulings according to this opinion.
6. The arguments and proofs adduced by this group.
7. An examination and arbitrating resolution (fasl al-niza') between the two contending parties.
8. The doctrines and positions maintained by scholars on the question.
9. Rulings regarding three divorces when pronounced separately.
10. The rule that the divorced woman is not lawful to her former husband until she marries another spouse.
11. The intermediary marriage (al-muhallil) and its legal rulings.
12. Whether uttering a triple divorce is legally prohibited (haram) or not.

In the opening chapter, the author notes that the effective occurrence of three divorces upon a simultaneous triple pronouncement represents the standard position of the Hanbali madhhab, affirmed in core manual texts such as al-Mukhtasar by al-Khiraqi, al-Muqni', al-Muharrar, and al-Hidayah Siyar al-Hath ila Ilm al-….

Sources and Methodology

The work incorporates material from several major classical authorities. Ibn al-Mubarrad quoted extensively from Ibn al-Qayyim's I'lam al-Muwaqqi'in, incorporating multiple extended passages, and based the entire eleventh chapter on intermediary marriage (al-muhallil) on it Alam al-Muwaqqiin an Rabb…. He also cited Ibn al-Qayyim's Ighathat al-Lahfan, relaying citations made by his maternal grandfather Jamal al-Din al-Imam (d. 798 AH) regarding Umar ibn al-Khattab's policy on triple divorce Ighathat al-Lahfan fi Mas….

The text is also an important witness for otherwise lost works; Ibn al-Mubarrad cited numerous extracts from Ibn Rajab's treatise Mushkil al-Ahadith al-Waridah fi anna al-Talaq al-Thalath Wahidah (The Difficult Hadiths Stating That Triple Divorce Counts as One), in which Ibn Rajab analyzed the narrations relied upon by Ibn Taymiyyah and Ibn al-Qayyim and defended the view that three simultaneous divorces count as three al-Madhhab al-Hanbali Dir…+1.

Editions

The book has been published in multiple modern editions:

• Edited by Muhammad Hamid al-Fiqi and printed at Matba'at al-Sunnah al-Muhammadiyyah in Cairo in 1372 AH / 1953 CE al-Jami li Ulum al-Imam A….
• Edited by Abd Allah ibn Umar ibn Duhaysh, printed at Matba'at al-Nahdah al-Hadithah in Mecca in 1398 AH / 1978 CE Takmilat Mujam al-Muallif…+1.
• Edited by Muhammad ibn Nasir al-Ajmi, published by Dar al-Basha'ir al-Islamiyyah in Beirut in 1417 AH Bidayat al-Abid wa Kifaya….
• Edited by Abd al-Aziz ibn Muhammad al-Hujaylan, published by Dar Ibn al-Jawzi in 1418 AH / 1997 CE Ahkam al-Quran li Bakr ib…+1.
• Edited by Safwat Adil Abd al-Hadi, published by Dar al-Nawadir in 1428 AH / 2007 CE Siyar al-Hath ila Ilm al-….