He divorced his wife, and she married another man who divorced her without consummation; is she valid for her former husband?
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The eleventh question of Fatwa No. ( 2615 )
Q 11: What is your ruling regarding a man who divorced his wife, and she married another man, and he had intercourse with her, and then divorced her without intercourse, according to her statement; is she valid for her former husband or not?
A 11: If the first divorce was three, then she is not lawful for her first husband until she marries another man, a marriage of desire, not a marriage of dissolution, and he has intercourse with her; for Allah the Exalted said:[Al-Baqarah 2:230] And the interpretation of marriage here is that it is intercourse. So, from A'ishah (may Allah be pleased with her), she said: The hadith, narrated by al-Bukhari and Muslim . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q 11: What is your ruling regarding a man who divorced his wife, and she married another man, and he had intercourse with her, and then divorced her without intercourse, according to her statement; is she valid for her former husband or not?
A 11: If the first divorce was three, then she is not lawful for her first husband until she marries another man, a marriage of desire, not a marriage of dissolution, and he has intercourse with her; for Allah the Exalted said:
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
فَإِنْ طَلَّقَهَا فَلا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُA woman from the tribe of Rafi'ah came to the Messenger of Allah (peace and blessings be upon him) and said: I was with Rafi'ah al-Qurazi, and he divorced me, and my divorce is final. So I married 'Abd al-Rahman ibn al-Zubayr after him, and what is with him is like the tassel of a garment. The Messenger of Allah (peace and blessings be upon him) smiled and said: Do you wish to return to Rafi'ah? No, until you taste his fluid and he tastes your fluid.
جاءت امرأة رفاعة إلى رسول الله صلى الله عليه وسلم فقالت: كنت عند رفاعة القرظي فطلقني فبت طلاقي، فتزوجت بعده عبد الرحمن بن الزبير وإن ما معه مثل هدبة الثوب، فتبسم رسول الله صلى الله عليه وسلم وقال: 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.