Rafidah and Triple Talaq in one sitting.
I came across this narration from Kitab Al-Ahkam Halal wa Haram that Imam Yahya or Al Hadi quotes this hadith and he even agrees with the innovation (biddah) of Umar Ibn Khattab regarding the triple talaq also known as the Biddah Talaq and goes to the extent of using inappropriate words against the Imamiyah that reject such innovation.
Kitab al-Ahkam fil-Halal wal-Haram, vol.1, pages: 454-455, by al-Imam al-Hadi al-Sayyid Yahya ibn al-Husayn al-Hasani (rah), it is a book of Islamic jurisprudence, so when commenting on the ruling of one who divorces thrice he says:
ولا أعلم أحدا خالف ما روي وقيل به من ذلك، غير هذا الحزب حزب الشيطان الخاسر الهالك عند الله الجاير المحل للشهوات المتبع اللذات المبيح للحرمات الآمر بالفاحشات، الواصف للعبد الذليل بصفة الواحد الجليل القائل على الله عزوجل بالمحال، المتكمه في الظلال، المنكر للتوحيد، المشبه لله المجيد، بالضعيف من العبيد، المبطل في ذلك لعدة الزوجات، الدافع لما أثبت الله عزوجل من الاسباب والوراثات، المخالف لكتاب الله عزوجل في كل الحالات، الذي عاند الحق واتبع المنكر والفسق، حزب الامامية الرافضة للحق والمحقين، الطاعنة على أولياء الله المجاهدين الذين أمروا بالمعروف الاكبر ونهوا عن التظالم والمنكر، وقول هؤلاء الامامية الذين عطلوا الجهاد وأظهروا المنكر في البلاد والعباد، وأمنوا الظالمين من التغيير عليهم، ومكنوهم من الحكم فيهم وصاروا لهم خولا وجعلوا أموال الله بينهم دولا، وكفروا من جاهدهم، وعلى ارتكاب المنكر ناصبهم، وقول هذا الحزب الضال، مما لا يلتفت إليه من المقال لما هم عليه من الكفر والايغال، والقول بالكذب والفسوق والمحال، فهم على الله ورسوله في كل أمر كاذبون ولهما في كل أفعالهم مخالفون، قد جاهروهما بالعصيان وتمردوا عليهما بالبغي والطغيان وأظهروا المنكر والفجور، وأباحوا علانية الفواحش والشرور، وناصبوا الآمرين بالحسنات المنكرين للمنكر والشرارات الائمة الهادين من أهل بيت الرسول المطهرين، وهتكوا يالهم الويل الحرمات وأماطوا الصالحات وحرضوا على امانة الحق وإظهار البغي والفسق، وضادوا الكتاب وجانبوا الصواب وأباحوا الفروج، وولدوا الكذب والهروج، وفيهم ما حدثني أبي وعماي محمد والحسن عن أبيهم القسم بن ابراهيم صلوات الله عليهم أجمعين عن أبيه عن جده ابراهيم بن الحسن عن أبيه عن جده الحسن بن علي بن أبي طالب عن أبيهم علي بن أبي طالب عليه وعليهم السلام عن النبي صلى الله عليه وعلى آله وسلم أنه قال: يا علي يكون في آخر الزمان قوم لهم نبز يعرفون به يقال: لهم الرافضة فإن أدركتهم فاقتلهم قتلهم الله فإنهم مشركون
I do not know anyone who opposed what was narrated or said regarding the matter (of divorce), except this sect, the party of the devil, the losers who perished in the sight of Allah, the oppressive party who legalize and follow lustful desires, who permit what is forbidden by ordering adultery. The party who ascribes to the weak slave the qualities of the one great God, the party blinded by the shadows, the party denying monotheism, the party that likens Allah the glorious to the weak slaves, those who abolish the `Iddah of the wives, those who reject what Allah ordered from Asbab and Warithaat, those who oppose the book of Allah in all matters, those who stubbornly reject truth then follow sinfulness and wrong-doing, the party of the Imamiyyah the Rafidhah who reject the truth and its people, the sect that criticizes the friends of Allah the Mujahideen who enjoin what is good and forbid from evil and oppression. The opinion of those Imamiyyah who halted Jihad and spread corruption in the lands and between the slaves, and assured the oppressors of their safety and that they won’t be overthrown, and they allowed them to rule and became their support and obtained from their riches, at the same time declaring Kufr on those who rebelled against the rulers. The opinion of this deviant party is ignored, because of their blasphemy and extremism and their lying and sinfulness, they lie against Allah and his messenger (saw) in every matter and oppose them, they openly and loudly disobey them and rebel against them with audacity and tyranny and transgression. They openly allow wrong-doing and evil, they become enemies of those who order the good deeds and oppose the evils, enemies of the guided Imams of the purified Ahlul-Bayt of the messenger (saw). Woe to them! They violated what is sacred, concealed all goodness and incited against truth, then they opposed the book, avoided the truth and permitted the forbidden relations, causing chaos and deceit. Concerning them is what my father told me and my two uncles Muhammad and al-Hasan, from his father, from his grandfather, from Ibrahim bin al-Hasan, from his father, then from his grandfather al-Hasan bin `Ali, from his father `Ali ibn abi Talib, from the Prophet (saws) that he said: “O `Ali, there will be at the end of times people who hold the title “al-Rafidhah”, if you ever live to meet them then kill them -May Allah kill them- for they are polytheists.”]
1.) Nowhere in Zaydi usul are we commanded or encouraged to take the judgement of any of the three caliphs as a hukm in and of itself. In the same book, Al-Ahkaam, Imam al-Hadi (as) rejects the inclusion of As-salaat khayrul min an-nawm in the Fajr adhaan because he stated that it was an innovation of Umar. Similarly, the taraweeh prayers and other things are seen as innovations that are not to be mimicked or followed. Therefore, to say that Imam al-Hadi (as) "agrees with the innovation of Umar ibn al-Khattab" is simply misleading and a gross misrepresentation of Imam al-Hadi (as) in particular and the Zaydi School in general. This brings us to the second point...
2.) The Zaydi School sees the triple divorce as valid but not praiseworthy. In other words, if a man were to pronounce the divorce three times in one sitting, his wife is considered divorced although what he did was contrary to the Sunnah. It is noteworthy that the passage you quoted from Al-Ahkaam is preceded by a discussion of Imam al-Hadi (as) proving this point. In it, he quotes imams of the Ahl al-Bayt that say that the triple talaq is valid. He says that when Imam Ahmed b. Isa b. Zayd (as) was asked about a situation in which a man pronounced the triple talaq to his wife, he said:
He also reports from Imam Musa b. Abdullah (as) that when the latter was asked about the triple talaq, he said:
She is relinquished from him with one pronouncement. we do not say what the Rafida say about this.
Imam al-Hadi (as) also reports from Abu Khaalid that he asked Imam Abu Ja'far Muhammad b. Ali al-Baaqir (as) about the triple talaq, and he said:
The wife is divorced although this is contrary to the lesson in etiquette (ta'deeb) of his Lord.
That is to say that she is divorced by the first of the three pronouncements. He similarly narrates that opinion from Imam Ali (as) and Imam Ja'far b. Muhammad as-Saadiq (as). It is interesting that Imam al-Hadi (as) does not even mention the ruling of Umar on the matter. Therefore, it is very deceptive to imply that the judgement of al-Hadi (as) is based on that of Umar.
She is divorced by one pronouncement.
3.) The term Rafida should not be confused and applied to the 12er Shia exclusively. In Zaydi literature, the word Rafida is a lot more all encompassing and denotes any of the extremist Shiitic trends that emerged during the times of the imams. In his treatise, Radd ala Rafida min Ahl al-Ghuluw, Imam al-Qaasim ar-Rassi (as) enumerates the various sects and schools of the Rafida and states their beliefs--some of which would be considered heretical to even the 12er Shia.
4.) If the term Rafida applied to the 12ers exclusively, the command to "kill" the Rafida would be problematic esp. these days with the collaboration between the Zaydi Ansar (or Houthis) and Iran/Hezbollah. Furthermore, several years ago, a group of scholars from all sects signed an agreement of mutual understanding and reconciliation--which included Zaydis, 12ers and Ismailis. If we were commanded to kill the Rafida because of their shirk, such pact wouldn't have even been considered sound and valid. Even if we consider the harmony that exists between the Ismailis and Zaydis in Najran, such command is not acted upon. 12ers and Ismailis have been allowed to exist in Yemen even during the times of the Imamate. The reason why is because our understanding of the hadith relates to those extremists who worshipped the imams and did other horrific things. These are the Rafida that we are commanded to fight. The enemies of many of our earliest imams were extremist Ismailis who assassinated our imams--one of which was al-Hadi (as).
As for the original question, this hadith also appears in the Zaydi hadith book Amali Ahmed b. Isa.
And Allah knows best!
I am satisfied with your answers, just one question, is there any Zaydi work on the innovations of Umar Ibn Khattab? It is proven from Sunni sources that the triple talaq in one sitting was initiated by the Second Caliph of Sunnism.
Thank you for your question! I do not know of any work specifically dedicated to the innovations of Umar; however, some of them are alluded to in our texts of aqeeda and fiqh.
And Allah knows best!
Enlighten us with your information whether the three divorces (pronounced at one and the same time) were not treated as one during the lifetime of Allah's Messenger (ﷺ) and Abu Bakr. He said: It was in fact so, but when during the caliphate of 'Umar (Allah be pleased with him) people began to pronounce divorce frequently, he allowed them to do so (to treat pronouncements of three divorces in a single breath as one).