His other question states that it is mentioned in the book and in some of the fiqh books he has with him—of course, we do not know which books he has—that a woman divorced three times is not lawful for her husband until she marries another husband.
Machine translationRead the Arabic original
The questioner : His other question states that it is mentioned in the book and in some of the fiqh books he has with him—of course, we do not know which books he has—that a woman divorced three times is not lawful for her husband until she marries another husband. So how is this marriage carried out? May Allah guide you.
The Shaykh : The book he mentioned is also in the Qur'an.
The questioner : Yes.
The Shaykh : Because Allah says:[Al-Baqarah 2:229] Then He said: [Al-Baqarah 2:230] And this marriage with the second husband is carried out.
The questioner : Do you mean if he divorced her after the first two divorces?
The Shaykh : Yes, if he divorced her after the first two divorces. This marriage is carried out if the second marriage, the marriage of the second husband, is a marriage of desire, not a marriage of dissolution. That is, he married her because he desired her, and then he died from her, or he lost interest in her and was not successful in staying with her. In that case, when her waiting period from him ends, she becomes lawful for the first husband.
The questioner : Yes.
The Shaykh : And it is necessary in this second marriage that there be intercourse, such that he actually has sexual relations with her. If he divorces her before intercourse, even if there was touching and kissing, she does not become lawful for the first husband. The wife of Rafi' al-Qurazi came to the Prophet (peace and blessings be upon him) and informed him that Rafi' had divorced her, and that she had married 'Abd al-Rahman ibn al-Zubayr after him, and that he had not had with her anything but the like of the tassel of a garment. The Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 1932Sahih (Darussalam).
The questioner : Yes.
The Shaykh : The important point is that there are two conditions for the marriage of the second husband. The first is that it must be a marriage of desire; he must desire the woman.
The questioner : Yes.
The Shaykh : And he must not intend to dissolve her for the first husband. The second condition is that he must have intercourse with her. If he does not, she does not become lawful for the first husband, even if the marriage is a marriage of desire. Likewise, if the marriage is a marriage of dissolution, she does not become lawful for the first husband. Yes.
The questioner : What is a marriage of dissolution?
The Shaykh : A marriage of dissolution means that he intends by this marriage to have intercourse with her and then divorce her immediately so that she becomes lawful for the first husband.
The questioner : Yes.
The Shaykh : He has no interest in this woman; his only interest is the benefit of the first husband. So we say in this case: she does not become lawful for the first husband, because a marriage of dissolution is invalid. A marriage must be a marriage of desire, intended for the union of the two spouses.
The questioner : Yes.
The Shaykh : And this is what he intended. The Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 1 And it was narrated from him (peace and blessings be upon him) that he said: Sunan Abi Dawud 2076Sahih (Al-Albani).
The questioner : Yes.
The Shaykh : Yes.
The questioner : May Allah reward you.
The Shaykh : The book he mentioned is also in the Qur'an.
The questioner : Yes.
The Shaykh : Because Allah says:
Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment.
الطَّلاقُ مَرَّتَانِ فَإمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍAnd 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 تَنكِحَ زَوْجًا غَيْرَهُThe questioner : Do you mean if he divorced her after the first two divorces?
The Shaykh : Yes, if he divorced her after the first two divorces. This marriage is carried out if the second marriage, the marriage of the second husband, is a marriage of desire, not a marriage of dissolution. That is, he married her because he desired her, and then he died from her, or he lost interest in her and was not successful in staying with her. In that case, when her waiting period from him ends, she becomes lawful for the first husband.
The questioner : Yes.
The Shaykh : And it is necessary in this second marriage that there be intercourse, such that he actually has sexual relations with her. If he divorces her before intercourse, even if there was touching and kissing, she does not become lawful for the first husband. The wife of Rafi' al-Qurazi came to the Prophet (peace and blessings be upon him) and informed him that Rafi' had divorced her, and that she had married 'Abd al-Rahman ibn al-Zubayr after him, and that he had not had with her anything but the like of the tassel of a garment. The Prophet (peace and blessings be upon him) said:
Do you want to go back to Rifa'ah? No, not until you taste his ('Abdur-Rahman's) sweetness and he tastes your sweetness.
أتريدين أن ترجعي إلى رفاعة؟ لا. حتى تذوقي عسيلته ويذوق عسيلتكThe questioner : Yes.
The Shaykh : The important point is that there are two conditions for the marriage of the second husband. The first is that it must be a marriage of desire; he must desire the woman.
The questioner : Yes.
The Shaykh : And he must not intend to dissolve her for the first husband. The second condition is that he must have intercourse with her. If he does not, she does not become lawful for the first husband, even if the marriage is a marriage of desire. Likewise, if the marriage is a marriage of dissolution, she does not become lawful for the first husband. Yes.
The questioner : What is a marriage of dissolution?
The Shaykh : A marriage of dissolution means that he intends by this marriage to have intercourse with her and then divorce her immediately so that she becomes lawful for the first husband.
The questioner : Yes.
The Shaykh : He has no interest in this woman; his only interest is the benefit of the first husband. So we say in this case: she does not become lawful for the first husband, because a marriage of dissolution is invalid. A marriage must be a marriage of desire, intended for the union of the two spouses.
The questioner : Yes.
The Shaykh : And this is what he intended. The Prophet (peace and blessings be upon him) said:
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنما الأعمال بالنيات، وإنما لكل امرئ ما نوىNarrated Ali ibn AbuTalib: (The narrator Isma'il said: I think ash-Sha'bi attributed this tradition to the Prophet) The Prophet (ﷺ) said: Curse be upon the one who marries a divorced woman with the intention of making her lawful for her former husband and upon the one for whom she is made lawful.
لعن الله المحلل والمحلل لهThe questioner : Yes.
The Shaykh : Yes.
The questioner : May Allah reward you.