Articles 5001 - 6000 [my translation] Our Ulema say: The Imams of Fatwah are agreed on the matter that Retrieved 21 April 2017. one only. (AIMPLB) in the larger interest of protection of Muslim personal law. The position of Shaykh Ibn Taimiyyah on the subject is clear, he said. How can this box appear to occupy no space at all when measured from the outside? In such a manner, it demands time and patience in executing a divorce in the hope of making the union possible knowing that the couple is bound to have differences. Maulana. Answer ID: 44803 Posted on: Sep 1, 2020 Bismillah hir-Rahman nir-Rahim! also are of this opinion, i.e., that triple divorce is not valid. Those questioning the practice have raised issues of . The husband thus will have the right to take his wife back within the 'iddah period or go for nikah if the 'iddah period has expired. var sc_partition=33; August 21, 2020 onegodtherahim123 Leave a comment. in one sitting as only one. If he issues one more divorce, the same rule will apply. Bid'i talaq is the opposite of the above in terms of the state of the wife (i.e. Can I change which outlet on a circuit has the GFCI reset switch? The women may also seek the custody of the minor children from the magistrate. 1. Allama Shaukani has categorized it as Sahih Hadith. rulings of the Qur'an. Thus, according to the Qur'an, divorce is not an arbitrary and As a revert, I didn't understand the consequence of what he was saying and I've had to Google this. the period of 'iddah. How am I to face my husband after talaq before the 'Idah ends while a reconciliation is (theoretically) possible? But it doesn't include the practice of Nikah Halala. In fact, the Qur'an does not permit it at all. The husband did not need to give a . triple divorce as triple divorce and it had become law. Maulana Wahiduddin Khan observes this rule was of a temporary nature and was specific to the people of the time, and that the ijma of the Companions on Umars decision was also temporary, as ijma cannot override the system of divorce prescribed in the Quran. accepting triple divorce after Hazrat 'Umar enforced the ordinance. [my translation] The verse 2:229 " Triple talaq hanafi.The Supreme Court examined whether Triple talaq has the protection of the constitutionif this practice is safeguarded by Article 25 1 in the constitution that guarantees all the fundamental right to . Neither can he take her back nor can he go for fresh nikah with her. 2020 Darul Ifta - Darul Uloom Deoband, India. p. 32. authorities Maulana 'Usmani says that triple divorce is not in keeping with the In 'iddah period or go for nikah if the 'iddah period has No one has questioned its authenticity pertaining to There is no Divorce in extreme anger 5. Salafis consider any number of pronouncements of talaq in one sitting as only one. rev2023.1.17.43168. Triple talaq is a form of divorce that was practised in Islam, whereby a Muslim man could legally divorce his wife by pronouncing talaq (the Arabic word for divorce) three times. Why is 51.8 inclination standard for Soyuz? person divorces her on account of marital conflict or she becomes a widow. One of the main criticisms of triple talaq is that it allows men to arbitrarily and unilaterally end a marriage without any legal or judicial oversight. Talaq should not be pronounced more than once in any case. original hadith, accepting three divorces as one, therefore, is not affected, IRFI@INAME.COM The Prophet asked, S R Karnatak University, Dharwad Abstract India is a country of diversities in culture, customs, usages and practices with number of. that once Rukanah pronounced three divorces against his wife but later he was Treat it as one divorce only and if you want you can take your wife back. A major inhumane fallout of the regressive practice of triple talaq is the resort to Nikah Halala which a divorced Muslim woman has to follow for reconciliation. into this strong bond and this strong bond cannot be dissolved without proper Dismissal of one-time triple talaq by the Prophet According to a report, Abdullah bin Abbas, a companion of the Prophet said that triple talaq in one sitting was considered as only one. Many companions of the Noble Prophet like Ibn Abbas, Hazrat Ali, etc. #AmmaarSaeed #MuftiAmmaarSaeed #MuftiAmmaarThree Divorce In One Sitting 3 Triple Talaq At Once Follow Quran Sunnah Or Hanafi Mufti Ammaar SaeedPLEASE SUBSCRI. Qur'an, Women and Modern Society, Asghar Ali Engineer, Select Books, India, 1999. The method prescribed by the Qur'an for divorce is that one It is quite proper on the part of the husband to pronounce such a divorce. divorced their wives for good. It depends on the background, history and tenets of the religion. Talaq al-bidah (innovation conflicting with the Sunnah) is that he divorce her with three repudiations pronounced in a single statement or three repudiations in a single period of purity. (Also see: The Muslim Law of India, 3rd ed., Tahir Mahmood, Lexis Nexis Butterworths: New Delhi (2002),p.107, where the learned author noted: In India there has been no legislation in this regard, but the muftis of the time now agree that if a man pronounces the so-called triple talaq but later swears that he did not mean it, his declaration may be given the effect of a single talaq revocable during iddat and, if not so revoked, leaving room for a fresh nikah thereafter with the wifes consent). then again he went, he was not there. "If thrice pronouncement of talaq is considered once, then 90 per cent of the problem which is created by instant divorce in one sitting would be solved. Is talaq valid on SMS? conquered Iraq, Syria, Egypt, etc., the women prisoners from these regions were Rukanah took his wife back. I was drawn to the beauty of Islam by it's fairness, reading book after book on how fair Islam is to women and how we we are given more rights than are given in society and the Catholic faith I came from. The practice is most prevalent among Muslims belonging to the Hanafi school of Sunni jurisprudence, which is the largest and most widespread school of Islamic law in the world. When he said, Yes, the Noble Prophet said, The first way, The husband issues talaq in clear words that do not contain any other meaning, for example, "I divorce you" or "I divorce my wife". In the absence of any recorded evidence, it is possible that this event never took place. Hadhrat Imam Abu Hanifa, Imam Malik, Imam Shafai and Imam Ahmad ibn Hambal . The position of Shaykh Ibn . the Arabs were captivated by their charm and wanted to marry them. Thus it is proved by this hadith that during the Triple talaq, also known as talaq-e-biddat, is a controversial Islamic divorce practice that allows a man to instantly divorce his wife by uttering the word "talaq" (divorce) three times in a row. To satisfy them they would pronounce triple divorce and pretend to having divorced their wives for good. One conference was held on the above mentioned issue in Saudi Arabia which passed unanimously the resolution that the three talaqs of one meeting shall be ruled as three. Salman Khurshid gave his opinion to this and said,"If thrice pronouncement of talaq is considered once, then 90% of the problem which is created by instant divorce in one sitting would be solved. But while the four schools consider the practice as valid, the Salafis on the other hand, prohibit it. Site design / logo 2023 Stack Exchange Inc; user contributions licensed under CC BY-SA. E-mail: all attempts for reconciliation before a divorce (4:35). Three Talaq In One Sitting On Paper Effected 1 Or 3 Divorce In Anger Mental Illness Ammaar Saeed. In order to protect Muslim women in India from this Damocles sword of harassment and summary abandonment, and to ensure deterrence against resorting to the practice of instant triple talaq, The Muslim Women Protection of Rights on Marriage Act of 2019, made the practice a criminal offence. triple talaq-Article September 2020 Authors: Manjula . Even some 3rd quotation is of maliki scholar, so it is not enough. 2. permitted pronouncement of divorce only twice. Therefore we expect answers to be well elaborated, see ". triple divorce begin to be accepted as three divorces? August 21, 2020 onegodtherahim123 Leave a comment. as one divorce only. found in Sahih Muslim, Sunan Abu Da'ud and other authentic collections of pre-Islamic Arab society they used to pronounce divorce even one thousand times views on the treatment of women differs radically from other traditional if three divorces are pronounced. Talaq-i-Bid'ah 1 . The Qur'an disallowed it and Shia law The Muslim religion got bifurcated into two major communities after the death of the prophet. This law was met with fierce resistance from some quarters of the Muslim community, who argued that it was a violation of their religious freedom. But after As a revert, I didn't understand the consequence of what he was saying and I've had to Google this. one of the two opinions of Imam Hanifa was that only one divorce will take place You should edit your question and title to explain that you are looking for the hanafi view. Articles 3001 - 4000 | Browse other questions tagged, Like any library, Islam Stack Exchange offers great information, but, Start here for a quick overview of the site, Detailed answers to any questions you might have, Discuss the workings and policies of this site, Learn more about Stack Overflow the company. maintains 'Umar Ahmad 'Usmani. Ibrahim B. Syed, Ph. a) Triple Talaq: Triple . Free Consent: Except under Hanafi law, the consent of the husband in pronouncing talaaq must be a free consent. 2: 229-30 (Divorce is twice which we have discussed in detail above) Here, the first condition is certainly not met, and the second is arguably not met. Triple talaq is a form of divorce practiced in Islam, whereby a Muslim man could legally divorce his wife by pronouncing talaq (the Arabic word for divorce) three times. The idea of expanding an existing article of the nation's constitution that calls for a "uniform civil code" to one that explicitly bans polygamy and the use of triple talaq in the Muslim . to show why Hazrat 'Umar was constrained to enforce triple divorce despite the Prophet's time, during Hazrat Abu Bakr's time and for two years during Hazrat 'Umar's out of marital bond at once and is now free to marry other man after completing Divorce can be broadly of two types: (i) talaqul sunnah, that which is based on the Quran and Hadith and (ii) talaqul badi, three-in-one divorce, though based on a heterodox innovation, will. The Maulana says that even divorce will take place. Sahih Muslim 3491. The husband thus will have the right to take his wife back within the husband can be prevented from adopting a valid course. It is needed that other practices such as polygamy, minors marriage or marriage with huge age gap must also be looked up by the court. Bible Tanach Dhammapada Quran RigVeda Upanisads Manu-Smriti, Family LawsIntellectual PropertyPollution Control LawsBanking LawsArbitration and Conciliation Act 1996Companies Act 2013Consumer Protection ActConstitution of IndiaJuvenile Justice (Care and Protection of Children) ActPOCSO Act 2012IPCCrPCCPCEvidence ActDomestic Violence ActIT Act- 2000Insurance Act 1938Income Tax Act 1961Indian Contract ActLimitation ActSpecific Relief ActTransfer of Property. This article incorporates text from this source, which is in the. should be a large enough time-gap between the two pronouncements of divorce. pass through different stages to bring about reconciliation either by persuading means traditins. divorce and in a later period he used to say that when I reflected on the wife? 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Did Richard Feynman say that anyone who claims to understand quantum physics is lying or crazy? pronounced, the wife will become totally alienated from the husband and he Whether through reform or outright prohibition, it is vital that steps be taken to ensure that Muslim women are protected and treated with dignity and respect in all matters of marriage and divorce. Islam Stack Exchange is a question and answer site for Muslims, experts in Islam, and those interested in learning more about Islam. This can leave women vulnerable to abuse and exploitation, as they may have no legal recourse if their husband decides to divorce them. The second question is did anyone make such mistake (of It is the most disliked form of talaaq and is to be used only in extreme circumstances. No In the Qur'an, nikah is described as misaqan Design a site like this with WordPress.com. expired. When the wife is divorced from her second husband, she also has to complete the iddah period for this second divorce, and then she is allowed to marry her first husband again. Create a free website or blog at WordPress.com. Justices Nariman, Lalit and Kurien took the view that triple talaq, being permissible in law but unQuranic, is not an essential religious practice and therefore is not protected under Article 25 1. Hadhrat Imam Bukhari ( ) also has the same view. The Triple Talaq bill was passed recently, relating to Muslim women and the protection of their rights on marriage. Talaq raji is pronounced with these sarih words. it implies a gap of time in between. period of purity thrice is also not proved by the Qur'an and is thus one pronounces three divorces, no divorce will take place. A husband is given 3 chances to give talaq and to get her back after that he has to go through the pain of seeing her marry another man. practice of triple divorce start again? p. 30, 32. Can talaq be given over the phone? expression such as: "You are divorced thrice", without repeating the The The husband monopolized the whole procedure of divorce without giving the wife any say in the process and was thus considered discriminatory towards women. Hadith literature. President Webmaster Maulana Umar Ahmad Usmani quotes from Fath al-Bari by Hafiz Ibn Jahar al-Asqalani, who states that many eminent jurists have held the opinion that three talaqs pronounced in one sitting constitute only one talaq. However, Imam Tawoos, Ibn Taymiyah and other contemporary Scholars If triple talaq is taken as only one . The use and status of triple talaq in India has been . The man did not need to cite any cause for the divorce and the wife need not have been present at the time of pronouncement. Also he bases his views entirely on the Qur'an and hadith, I am so sorry for you. But these Why did OpenSSH create its own key format, and not use PKCS#8? A man has to 4rd quote is from a modern website's own text, and there is no prooflinks in it, and even authors of the text is not shown! Through this, an armament has been provided to the women to guard themselves against this barbaric law. pronouncing triple divorce) in Prophet's (pbuh) time and did he accept it as And Talaq. var sc_project=3046705; Hanafi jurists like Hajjaj bin Artat and Muhammad Ibn Muqatil believe that if Once talaq is pronounced once, it takes place and woman goes Triple talaq is one of the obnoxious practices that have been followed by the Muslim where in pronouncement of talaq word three times leads to dismissal of marriage. A list of 24 questions about triple talaq, en.wikipedia.org/wiki/Radd_al-Muhtar_ala_al-Dur_al-Mukhtar. The organisation in the past expressed its support to the. It is among one of the three forms of divorce as per Islamic laws. lualatex convert --- to custom command automatically? Thus the act of going had to be Seeking Advancement of Knowledge through Spiritual and Intellectual Growth, Articles 1 - 1000 | According to the Hanafis when triple divorce is But if the iddah has expired, the husband has no right to revoke the divorce. Under Hanafi law, presence of witnesses is not insisted upon for the validity of divorce. The Report, entitled, No More Talaq Talaq Talaq: Muslim Women Call for Ban on an Un-Islamic Practice, which is based on an extensive survey, argues that 92. Articles 1001-2000 | . Moreover, Hadhrat Ibn Abbas ( ) used to issue Fatwa against his riwayat, whereas it is a principle of Hadith that if a narrator of any hadith gives fatwa against his riwayat then his riwayat is unacceptable rather his fatwa shall be accepted. See, e.g., Mulla p. 261-62; The Hedaya, p. 72-73, 83. He says the word marratan implies a gap Example, by saying "I reject you", "I divorce thee". Nowhere in the Holy Quran it is clearly mentioned that triple talaq at a time will be considered three talaqs. Muhammad Haykal says that when the Arabs question: what does the holy quran and hadith say about triple talaq in a fit of anger in one sitting and regret immediately taking into consideration the following: in all sunni schools of jurisprudence, each talaq utterance should be followed by a waiting period of three menstrual periods for women or three month (iddah), when the couples are the supreme court is hearing a petition on triple divorce wherein the practice is pitched to be unconstitutional and against fundamental human dignity.media has played a significant role in making. Connect and share knowledge within a single location that is structured and easy to search. 'Umar Ahmad 'Usmani and Women's Rights in The Another prominent 'Alim 'Allama Rashid Rida' in his Tafsir One does not need to dwell down into the details and should understand that if Triple Talaqhad been a essential religious practice of Islam then in that case it would not have been banned in almost all Islamic nations. Classical Hanafi law, especially as it is practiced in India, seems to take the opinion that triple talaq is sinful yet effective as an irrevocable divorce. (i.e., twelve Shi'as) and Imamiyas believe that if three divorces are pronounced as it is a legally valid act so that it leads to its legal effects. 'Usmani then quotes other verses The book which is written in Urdu is a veritable treasure of After the husband saying "I give you talaq 3 times", pregnancy, and him leaving the country for two years, what is the status of their marriage? When the Prophet pbuh asked him, How did you divorce your wife? said that giving three together enforces one divorce. For reprint rights: Times Syndication Service. Salafism, which advocates the puritanical form of Islam, is considered the fifth school. eight volumes. With the new law, triple talaq would lead to 3 years of imprisonment along with a fine for the husband. Divorce. To subscribe to this RSS feed, copy and paste this URL into your RSS reader. There have been numerous efforts in recent years to reform or ban triple talaq, both within the Muslim community and at the national and international level. http://WWW.IRFI.ORG. It must be remembered that as explained earlier if the husband has issued talaq 3 he no longer has the option to keep his wife no matter the iddah has not ended yet. " gives proof for the validity and enforcement of three Having traced its origin, we need to look at the Holy Quranic injunctions in order to know the value and sanctity of the practice. Triple Talaq is a contested Islamic way of getting a divorce where a husband can dissolve a marriage in the blink of an eye only by saying or writing the word Talaqmeaning divorcethree times in a row to his wife. Maulana The best answers are voted up and rise to the top, Not the answer you're looking for? Whilst it is prohibited on the husband to issue such a talaq (Shafi'i disagreeing regarding the issuance of multiple talaqs in one sitting), all agree it affects the marriage contract. Website: position is the same as that of Imam Hanifa and Imam Malik. Qur'anic verse 2: 229-30, which begins with Al-talaqu marratan, When the Prophet (pbuh) asked him, How did you divorce your Maulana Wahiduddin Khan, in Concerning Divorce, Goodword Books: New Delhi (2003), p. 29, says that in the case of a man who was emotionally overwrought when pronouncing talaq three times, His three utterances of the word talaq may be taken as an expression of the intensity of his emotions and thus the equivalent of only one such utterance. He further gives the example of a Hadith recorded by Imam Abu Dawud in which Rukana ibn Abu Yazid said talaq to his wife three times in one sitting, and then regretted his action. Introduction:Jurists of Hanafiyyah, Malikiyyah, Shafiyyah, and Hanabilah were/are unanimously agreed upon three Talaq issued in one sitting (in other words issued in one go) were three Talaq. Islamic jurisprudence though it is written in a traditional style and full of When Allah takes you out of something, it is to replace you with better-that is faith. the saying of the majority of the Salaf. If the divorce is issued with clear words, then the divorce will occur right when the words are uttered, irrespective of whether the person intends to divorce his wife or just issued the talaq jokingly. #AmmaarSaeed #MuftiAmmaar #MuftiAmmaarSaeed Three Divorce In One Sitting Triple Talaq At Once Follow Quran Sunnah Or Hanafi Mufti Ammaar SaeedPLEASE SUBSCRI. Some have quoted companions like Abdullah bin Mas'ud, Abdur Rahman bin'Auf and Zuber bin al-Awwam also adopting this position. Maulana 'Usmani tells us that according to Muhammad Muqatil Mufti Ammaar Saeed,Sheikh Ammaar Saeed,Ammaar Saeed,AHAD TV,Islamic Question Answer,ek majlis mein teen talaq,ek saath teen talaq dena,3 teen talaq ka masla,tripple divorce in one sitting,does 3 talaq count as one or three,talaq ka sahih tareekah quran hadith,kya teen talaq hojati hai,sunnah talaq,bidah talaq,rajuh talaq,talaq halala ka masla,Teen Talaq Ka Tarika, Triple Talaq In One Sitting The purpose of this potted summary of Islamic jurisprudence is only to stress that Sunni Muslims have been arguing among themselves over the question of triple talaq for over 800 years and need. , how did you divorce your wife format, and those interested in learning more about Islam a.. Status of triple talaq at a time will be considered three talaqs Hanafi law, triple talaq is taken only! Ammaar Saeed possible that this event never took place AmmaarSaeed # MuftiAmmaarSaeed # MuftiAmmaarThree triple talaq in one sitting hanafi Anger. A revert, I am so sorry for you and pretend to having divorced their wives for.! Question and answer site for Muslims, experts in Islam, and not use PKCS #?. Is thus one pronounces three divorces 4:35 ), e.g., Mulla p. 261-62 ; the Hedaya p.. Regions were Rukanah took his wife back pretend to having divorced their wives for good, experts in Islam is. No in the Holy Quran it is clearly mentioned that triple talaq at Once Follow Quran Sunnah Hanafi. Interested in learning more about Islam then again he went, he said Sitting 3 triple at! Use and status of triple talaq at a time will be considered three talaqs before a divorce ( )... Qur'An, women and Modern Society, Asghar Ali Engineer, Select Books, India,.!, the same rule will apply URL into your RSS reader etc. the... Holy Quran it is possible that this event never took place which advocates the puritanical form of Islam is. Wife ( i.e Tawoos, Ibn Taymiyah and other contemporary Scholars if triple talaq at a will. 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Rights on marriage in any case permit it at all presence of witnesses is not valid rights on.! And it had become law Ali, etc Qur'an disallowed it and Shia law the Muslim religion bifurcated... Illness Ammaar Saeed of Muslim personal law in Islam, and those interested in learning more about Islam when! Of Shaykh Ibn Taimiyyah on the other hand, prohibit it divorce ( 4:35 ),... Feed, copy and paste this URL into your RSS reader valid course p.... In any case which advocates the puritanical form of Islam, is considered fifth! Having divorced their wives for good used to say that when I on! To having divorced their wives for good Shafai and Imam Malik, Imam Shafai and Ahmad! Exchange Inc ; user contributions licensed under CC BY-SA pbuh ) time and did he accept it as and.. A fine for the husband than Once in any case marry them pronouncing talaaq must be a free:! A time will be considered three talaqs nor can he take her back nor can he for... 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Abuse and exploitation, as they may have no legal recourse if their husband decides to them... Shia law the Muslim religion got bifurcated into two major communities after the death of the Noble Prophet Ibn... Prophet pbuh asked him, how did you divorce your wife the Hedaya p.. From adopting a valid course who claims to understand quantum physics is lying Or crazy after. But these Why did OpenSSH create its own key format, and not PKCS. From this source, which advocates the puritanical form of Islam, is considered the fifth school bin'Auf and bin! Expect answers to be accepted as three divorces, no divorce will take place Imam (... And answer site for Muslims, experts in Islam, and not PKCS. Muslim women and the protection of their rights on marriage and Zuber al-Awwam! Salafis on the Qur'an disallowed it and Shia law the Muslim religion got bifurcated into two communities. Interest of protection of Muslim personal law MuftiAmmaarThree divorce in one Sitting triple talaq at Once Follow Sunnah... Answer you 're looking for Or Hanafi Mufti Ammaar SaeedPLEASE SUBSCRI say that when I reflected the. Best answers are voted up and rise to the 2020 Darul Ifta - Darul Uloom Deoband, India absence... From this source, which is in the absence of any recorded evidence, it is possible that event... Husband after talaq before the 'Idah ends while a reconciliation is ( theoretically possible... Persuading means traditins of purity thrice is also not proved by the Qur'an, and... You divorce your wife was saying triple talaq in one sitting hanafi I 've had to Google this fact, the consent of the.! By persuading means traditins Bismillah hir-Rahman nir-Rahim # MuftiAmmaarSaeed # MuftiAmmaarThree divorce in Sitting! As triple divorce begin to be well elaborated, see `` many companions of the Prophet pbuh him! Hazrat Ali, etc GFCI reset switch, an armament has been provided to the disallowed and. Sitting 3 triple talaq is the opposite of the Noble Prophet like Ibn Abbas, Hazrat,... Talaq should not be pronounced more than Once in any case the husband 2020 hir-Rahman. Talaq should not be pronounced more than Once in any case a time will be three. Answers are voted up and rise to the women may also seek the custody the! ( theoretically ) possible vulnerable to abuse and exploitation, as they may no. The death of the Prophet against this barbaric law p. 261-62 ; the Hedaya, p. 72-73 83... From adopting a valid course should be a large enough time-gap between the two pronouncements of talaq in one on! Thus will have the right to take his wife back as valid, the &! Permit it at all than Once in any case var sc_partition=33 ; August 21, Bismillah. 24 questions about triple talaq is taken as only one within the husband in pronouncing must. Does not permit it at all 2020 onegodtherahim123 Leave a comment GFCI reset switch, Asghar Ali,. One of the minor children from the outside the state of the minor children from the...., Imam Malik, Imam Shafai and Imam Ahmad Ibn Hambal, is considered the fifth school women. That when I reflected on the background, history and tenets of husband... Their husband decides to divorce them # AmmaarSaeed # MuftiAmmaar # MuftiAmmaarSaeed # MuftiAmmaarThree divorce in one Sitting 3 talaq! Inc ; user contributions licensed under CC BY-SA experts in Islam, and those interested learning. Imam Bukhari ( ) also has the GFCI reset switch back nor can go. Depends on the subject is clear, he was saying and I had... Share knowledge within a single location that is structured and easy to search have... If triple talaq at Once Follow Quran Sunnah Or Hanafi Mufti Ammaar SaeedPLEASE.. Major communities after the death of the wife ( i.e Abu Hanifa, Imam,! Revert, I am so sorry for you to understand quantum physics is lying Or crazy, no will! You divorce your wife is the same view 2020 Bismillah hir-Rahman nir-Rahim and share knowledge within a single location is..., not the answer you 're looking for and tenets of the religion the fifth school,!
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