And her who has been divorced three times until another husband has intercourse with her
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The Shaykh : We return to the author's words "And she who has been divorced three times is forbidden until another husband has intercourse with her" Forbidden to whom? Her who has been divorced three times, forbidden to whom?
The questioner : To the one who divorced her.
The Shaykh : To the one who divorced her, by the saying of Allah the Exalted[Al-Baqarah 2:230] [Al-Baqarah 2:230] What does "marry" mean here?
The questioner : A marriage contract is made with her.
Another questioner: A marriage contract is made with her and he has intercourse with her.
Another questioner: ...
The Shaykh : No, first we say that "marriage" here means intercourse, yes, because He said and one does not become a husband except through a contract, and on this basis, what does "marry" mean?
The questioner : She is had intercourse with.
The Shaykh : Yes, she is had intercourse with, or it is said that "marry" means to contract a marriage with a man, yes, and the condition of intercourse is known from the Sunnah. Did you understand? In terms of source, both are correct. In any case, Allah has forbidden the woman divorced three times until she marries another husband, but whenever the word "contract" is used in the Qur'an and the Sunnah, the intended meaning is a valid contract. And on this basis,[Al-Baqarah 2:230] means a valid marriage. So if she marries another husband without a guardian, does she become permissible to the first husband?
The questioner : No.
Another questioner: Yes.
The Shaykh : What is it, people?
The questioner : She does not become permissible.
The Shaykh : Why?
The questioner : The marriage is not valid.
The Shaykh : Because the marriage is not valid; its existence is like non-existence. If she marries another man to make her permissible to the first?
The questioner : It is not valid.
The Shaykh : Huh?
The questioner : It is not valid.
The Shaykh : It is not valid, because the marriage of the muhallil is forbidden, invalid, and permissibility is not derived from it. And it has come in the hadith with a name that is an exact match: the borrowed ram. A ram and a man who has female sheep, and there is no ram among them, went to his neighbor and said, "So-and-so, give me the ram tonight, tonight only." He said, "Tonight I want it to mount these sheep, and I will return it to you in the morning." The marriage of the muhallil is an exact match to the ram, because it is borrowed for that night, and then what?
The questioner : It returns to its owner.
The Shaykh : It is returned. So this is forbidden; that is, the marriage of the muhallil is forbidden, and the woman does not become permissible through it because it is not valid. Is the consideration based on the intention of the woman, or her guardian, or the husband? The muhallil, I mean?
The questioner : ... .
The Shaykh : We have a guardian, a husband, and a wife.
The questioner : ... .
The Shaykh : The jurists have a phrase they say: "Whoever does not have the power of separation in his hand, his intention has no effect" So, who?
The questioner : The husband.
The Shaykh :"Whoever does not have the power of separation in his hand, his intention has no effect".
The questioner : The husband.
The Shaykh : O Hamad, can the wife divorce her husband? No, I am asking. I am telling you the rule is: "Whoever does not have the power of separation in his hand, his intention has no effect" So, whose intention is considered? The husband alone, because he is the one who can divorce, have intercourse at night, and divorce in the morning. The wife cannot intend; if she intends the muhallil, it is not possible. And some scholars said, rather, the intention of the wife is like the intention of the husband, and although she does not have the power of separation in her hand, she can make things difficult for her husband until he divorces her, is that not so? Good, we are left with the guardian. Is his intention considered? He might make things difficult for the husband, but we say that even if he makes things difficult, if the wife is satisfied and says, "I want no one but this husband, my first husband, that is enough, I do not want him," then her father cannot force her to divorce, to separate. So now we have three: the husband, without doubt, his intention is considered; the wife, there is disagreement; and the guardian, his intention is not considered. Good, so the woman divorced three times is forbidden until she marries another husband with a valid marriage, and it is also required that he have intercourse with her. For this reason, the author said "until another husband has intercourse with her" He has intercourse with her, has sexual relations with her. A husband cannot be called a husband unless the marriage is valid.
The questioner : To the one who divorced her.
The Shaykh : To the one who divorced her, by 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
فإن طلّقها فلا تحل له من بعد حتى تنكح زوجا غيرهshe marries a husband other than him
تنكح زوجا غيرهThe questioner : A marriage contract is made with her.
Another questioner: A marriage contract is made with her and he has intercourse with her.
Another questioner: ...
The Shaykh : No, first we say that "marriage" here means intercourse, yes, because He said
marry a husband
تنكِح زوجاThe questioner : She is had intercourse with.
The Shaykh : Yes, she is had intercourse with, or it is said that "marry" means to contract a marriage with a man, yes, and the condition of intercourse is known from the Sunnah. Did you understand? In terms of source, both are correct. In any case, Allah has forbidden the woman divorced three times until she marries another husband, but whenever the word "contract" is used in the Qur'an and the Sunnah, the intended meaning is a valid contract. And on this basis,
she marries a husband other than him
تَنكح زوجا غيرهThe questioner : No.
Another questioner: Yes.
The Shaykh : What is it, people?
The questioner : She does not become permissible.
The Shaykh : Why?
The questioner : The marriage is not valid.
The Shaykh : Because the marriage is not valid; its existence is like non-existence. If she marries another man to make her permissible to the first?
The questioner : It is not valid.
The Shaykh : Huh?
The questioner : It is not valid.
The Shaykh : It is not valid, because the marriage of the muhallil is forbidden, invalid, and permissibility is not derived from it. And it has come in the hadith with a name that is an exact match: the borrowed ram. A ram and a man who has female sheep, and there is no ram among them, went to his neighbor and said, "So-and-so, give me the ram tonight, tonight only." He said, "Tonight I want it to mount these sheep, and I will return it to you in the morning." The marriage of the muhallil is an exact match to the ram, because it is borrowed for that night, and then what?
The questioner : It returns to its owner.
The Shaykh : It is returned. So this is forbidden; that is, the marriage of the muhallil is forbidden, and the woman does not become permissible through it because it is not valid. Is the consideration based on the intention of the woman, or her guardian, or the husband? The muhallil, I mean?
The questioner : ... .
The Shaykh : We have a guardian, a husband, and a wife.
The questioner : ... .
The Shaykh : The jurists have a phrase they say: "Whoever does not have the power of separation in his hand, his intention has no effect" So, who?
The questioner : The husband.
The Shaykh :"Whoever does not have the power of separation in his hand, his intention has no effect".
The questioner : The husband.
The Shaykh : O Hamad, can the wife divorce her husband? No, I am asking. I am telling you the rule is: "Whoever does not have the power of separation in his hand, his intention has no effect" So, whose intention is considered? The husband alone, because he is the one who can divorce, have intercourse at night, and divorce in the morning. The wife cannot intend; if she intends the muhallil, it is not possible. And some scholars said, rather, the intention of the wife is like the intention of the husband, and although she does not have the power of separation in her hand, she can make things difficult for her husband until he divorces her, is that not so? Good, we are left with the guardian. Is his intention considered? He might make things difficult for the husband, but we say that even if he makes things difficult, if the wife is satisfied and says, "I want no one but this husband, my first husband, that is enough, I do not want him," then her father cannot force her to divorce, to separate. So now we have three: the husband, without doubt, his intention is considered; the wife, there is disagreement; and the guardian, his intention is not considered. Good, so the woman divorced three times is forbidden until she marries another husband with a valid marriage, and it is also required that he have intercourse with her. For this reason, the author said "until another husband has intercourse with her" He has intercourse with her, has sexual relations with her. A husband cannot be called a husband unless the marriage is valid.