A woman was divorced with a final major divorce and married another man, but he did not consummate the marriage
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Fatwa No. ( 2091 )
Q: If a man divorces his wife with a final major divorce, and she gives birth to his child and completes her waiting period, and then another man proposes to her, contracts marriage with her, but does not consummate the marriage, and after a period of time he divorces her, and after she has completed her waiting period from him, the first husband wants to contract a new marriage with her
, is he entitled to do so?
A: If a man divorces his wife and she is separated from him by a final major divorce, she is not lawful for him until she marries another man in a lawful marriage that results in sexual intercourse; because of the saying of Allah the Exalted:[Al-Baqarah 2:230] the verse, and because of what is established in (al-Bukhari and Muslim) from A'ishah (may Allah be pleased with her) who said: Sahih al-Bukhari 2639 And the taste of the sweet fluid is a euphemism for sexual intercourse. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: If a man divorces his wife with a final major divorce, and she gives birth to his child and completes her waiting period, and then another man proposes to her, contracts marriage with her, but does not consummate the marriage, and after a period of time he divorces her, and after she has completed her waiting period from him, the first husband wants to contract a new marriage with her
, is he entitled to do so?
A: If a man divorces his wife and she is separated from him by a final major divorce, she is not lawful for him until she marries another man in a lawful marriage that results in sexual intercourse; because of the saying of Allah the Exalted:
And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other if they think that they can keep [within] the limits of Allah
فَإِنْ طَلَّقَهَا فَلا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ فَإِنْ طَلَّقَهَا فَلا جُنَاحَ عَلَيْهِمَا أَنْ يَتَرَاجَعَا إِنْ ظَنَّا أَنْ يُقِيمَا حُدُودَ اللَّهِThe wife of Rifa`a Al-Qurazi came to the Prophet (ﷺ) and said, "I was Rifa`a's wife, but he divorced me and it was a final irrevocable divorce. Then I married `Abdur-Rahman bin Az-Zubair but he is impotent." The Prophet (ﷺ) asked her 'Do you want to remarry Rifa`a? You cannot unless you had a complete sexual relation with your present husband."
جاءت امرأة رفاعة القرظي إلى النبي -صلى الله عليه وسلم- فقالت: كنت عند رفاعة فطلقني فبَتّ طلاقي، فتزوجت بعده عبد الرحمن بن الزبير وإنما معه مثل هدبة الثوب، فقال: أتريدين أن ترجعي إلى رفاعة ؟ لا، حتى تذوقي عسيلته ويذوق عسيلتك
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.