Marriage of a woman divorced before consummation to her former husband again
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, if he contracted the marriage with her but did not consummate it, and she requested annulment, and he divorced her, is it permissible for him to marry her?
The Shaykh:
What is it?
The questioner:
If he contracted the marriage with her but did not consummate it, and she requested annulment, and he divorced her, is it permissible for him to marry her again before she marries another husband?
The Shaykh:
Yes, what prevents him from marrying her with a new contract? He marries her with a new contract. If he divorced her before consummation, she is separated from him by a minor separation, and he may marry her with a new contract, unless he divorced her three times in a single utterance, in which case she is separated from him. But if the divorce was less than three, she is separated from him by a minor separation, so he may contract a new marriage with her. Yes.
Honorable Shaykh, if he contracted the marriage with her but did not consummate it, and she requested annulment, and he divorced her, is it permissible for him to marry her?
The Shaykh:
What is it?
The questioner:
If he contracted the marriage with her but did not consummate it, and she requested annulment, and he divorced her, is it permissible for him to marry her again before she marries another husband?
The Shaykh:
Yes, what prevents him from marrying her with a new contract? He marries her with a new contract. If he divorced her before consummation, she is separated from him by a minor separation, and he may marry her with a new contract, unless he divorced her three times in a single utterance, in which case she is separated from him. But if the divorce was less than three, she is separated from him by a minor separation, so he may contract a new marriage with her. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب الخلع — islamhouse.com (1:05:07)
The Arabic text is a machine transcription of the audio recording.