Divorcing his wife and then wanting to marry her again: What is the Shari'ah method for this?
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Fatwa number ( 10726 )
Q: What is the Shari'ah method for a legal release? Zayd divorced Safiyyah, and then he wants to release her, so Safiyyah marries 'Amr, who complains of a condition of rapid ejaculation. He is able to perform the act of intercourse, but he is not fully strong in his performance because of his illness. And 'Amr, after marrying Safiyyah and staying with her
with her for some days, he divorces her. Now Safiyyah wants to marry her former husband—meaning: with Zayd. Is this permissible? Clarify the matter, and what is the Shari'ah method for divorce? If Zayd wants to divorce his wife, what must he do?
A: First: If a man marries a woman on the condition of a legal release, or intends it, or they agree upon it, the contract is invalid, and the marriage is not valid. It was reported by Imam Ahmad and al-Tirmidhi from Abu Hurayrah (may Allah be pleased with him),Sahih al-Bukhari 5515 , and al-Tirmidhi said: I asked Muhammad ibn Isma'il about this hadith, and he said: It is a good hadith. And in both of them, it was also reported from 'Abdullah ibn Mas'ud (may Allah be pleased with him), who said: Sunan Ibn Majah 1934Sahih (Darussalam) , and al-Tirmidhi said: It is a good, authentic hadith. Second: If a man marries a woman after her divorce and the completion of her waiting period, for the sake of desire, and the second husband has intercourse with her, and there was no condition of legal release nor his intention, then
If her second husband divorces her, it is permissible for her to marry her first husband; due to the hadith of 'A'ishah (may Allah be pleased with her), who said: It was narrated by the two Shaykhs and the authors of the Sunan, and the wording is for Abu Dawud . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: What is the Shari'ah method for a legal release? Zayd divorced Safiyyah, and then he wants to release her, so Safiyyah marries 'Amr, who complains of a condition of rapid ejaculation. He is able to perform the act of intercourse, but he is not fully strong in his performance because of his illness. And 'Amr, after marrying Safiyyah and staying with her
with her for some days, he divorces her. Now Safiyyah wants to marry her former husband—meaning: with Zayd. Is this permissible? Clarify the matter, and what is the Shari'ah method for divorce? If Zayd wants to divorce his wife, what must he do?
A: First: If a man marries a woman on the condition of a legal release, or intends it, or they agree upon it, the contract is invalid, and the marriage is not valid. It was reported by Imam Ahmad and al-Tirmidhi from Abu Hurayrah (may Allah be pleased with him),
Narrated Sa`id bin Jubair: While I was with Ibn `Umar, we passed by a group of young men who had tied a hen and started shooting at it. When they saw Ibn `Umar, they dispersed, leaving it. On that Ibn `Umar said, "Who has done this? The Prophet (ﷺ) cursed the one who did so." Narrated Ibn `Umar: The Prophet (ﷺ) cursed the one who did Muthla to an animal (i e., cut its limbs or some other part of its body while it is still alive).
أن النبي صلى الله عليه وسلم لعن المحلل والمحلل لهThe Messenger of Allah cursed the Muhallil and the Muhallal lahu.
لعن رسول الله صلى الله عليه وسلم المحلل والمحلل لهIf her second husband divorces her, it is permissible for her to marry her first husband; due to the hadith of 'A'ishah (may Allah be pleased with her), who said:
The Messenger of Allah (peace and blessings be upon him) was asked about a man who divorced his wife (meaning: three times), and she married another man and he entered into marital relations with her, then he divorced her before having intercourse with her. Does she become permissible for her first husband? She said: The Prophet (peace and blessings be upon him) said: She does not become permissible for the first husband until he tastes her sweetness and she tastes his sweetness.
سئل رسول الله صلى الله عليه وسلم عن رجل طلق امرأته (يعني: ثلاثًا) فتزوجت زوجًا غيره فدخل بها، ثم طلقها قبل أن يواقعها أتحل لزوجها الأول؟ قالت: قال النبي صلى الله عليه وسلم: لا تحل للأول حتى تذوق عسيلة الآخر ويذوق عسيلتها
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.