Continuation of the explanation of the hadith: (Aisha (may Allah be pleased with her) said: A man divorced his wife three times, then another man married her, and then he divorced her before consummating the marriage)
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The Shaykh : Praise be to Allah, Lord of the worlds, and may peace and blessings be upon our Prophet Muhammad, and upon his family and his Companions, and upon those who follow them with excellence until the Day of Judgment.
He said: "And from Aisha (may Allah be pleased with her), she said: A man divorced his wife three times" We have explained this and said that the triple divorce in the time of the Prophet (peace and blessings be upon him) was not the known divorce where one says, "You are divorced three times." Rather, a triple divorce means a divorce, then a return or a new marriage, then a divorce, then a return or a new marriage, then a divorce. This third divorce is what separates the woman from her husband.
As for the statement of the one who says to his wife, "You are divorced three times," or "You are divorced, you are divorced, you are divorced," it was considered one divorce in the time of the Prophet (peace and blessings be upon him), the time of Abu Bakr, and two years of the caliphate of 'Umar. When this became common among the people, 'Umar (may Allah be pleased with him) said:Musannaf Abd al-Razzaq 7:152 "Tata'ayyatu" means you have perished in divorce. Then he said (may Allah be pleased with him) that he would deal with them as they wished, so he implemented it for them.
I read the report: "You have become reckless in a matter in which you had patience, so I have implemented it for them" What does it mean that they had patience in it? It means there was leeway; they would divorce once. If you divorce once, are you obligated to return to your wife? No, you have leeway. Divorce once, then divorce a second time, then a third time. Because some people are ignorant and say, "I will divorce her three times so that I do not take her back." We say to him: If you divorce her once, you are not obligated to take her back. Let her waiting period expire, and if you wish, take her back. He (may Allah be pleased with him) said: "I see that the people have become reckless in a matter in which they had patience, so I have implemented it for them, and he implemented it for them" This is an authentic hadith, and it is explicit that the implementation of the triple divorce was from the independent legal reasoning (ijtihad) of 'Umar (may Allah be pleased with him). The hadith is in Muslim. It was from the independent legal reasoning of 'Umar.
Some scholars said: So the scholars adopted this, and it became a consensus, meaning a consensus among the scholars that a triple divorce counts as three, and the woman is thereby separated. And some scholars said: Rather, the consensus is the opposite of that, because the hadith of Ibn 'Abbas, which is also in Muslim, says: The triple divorce in the time of the Prophet (peace and blessings be upon him), the time of Abu Bakr, and two years of the caliphate of 'Umar (may Allah have mercy on you) was one divorce. So we have three eras: the era of the Prophet (peace and blessings be upon him), the era of Abu Bakr, and two years of the caliphate of 'Umar. They said: If we were lenient in transmitting the consensus, what would the consensus be? That the three are one, and this is the truth. For this reason, the stronger position among the statements of the scholars in this issue is: that a triple divorce is one, whether it occurs with a single phrase or with repeated phrases, and that there is no divorce except after a return or a new marriage. After a return, for example, if he says, "I divorced my wife," and then he takes her back, if he takes her back she returns as a wife. If he divorces her this second time and takes her back, she returns as a wife. If he divorces her, this is the third time. Or he says to his wife, "You are divorced," and she observes the waiting period, then it expires, and he marries her anew, then divorces her, then the waiting period expires, and he marries her anew, then divorces her. This third divorce is what separates her. In any case, her statement (may Allah be pleased with her): "He divorced his wife three times," the triple divorce means that this is the final divorce that separates them. So another man married her, and then he divorced her before consummating the marriage فأراد زوجها الأول أن يتزوجها فسئل رسول الله صلى الله عليه وسلم عن ذلك فقال : لا ، حتى يذوق الآخر من عسيلتها ما ذاق الأول متفق عليه واللفظ لمسلم .
هذا يدل على أن المرأة إذا طلقت ثلاثًا لا تحل للزوج الأول إلا بعد النكاح صحيح وبعد وطء الزوج الثاني - حطوا بالكم يا جماعة - بعد نكاح صحيح، لأن وطء الثاني لا يباح إلا بنكاح صحيح فلابد من نكاح صحيح ولابد إيش؟
الطالب : وطء.
الشيخ : من وطء لا بد من وطء.
وقوله: حتى يذوق من عسيلتها ذكرنا فيما سبق أن المراد بالعسيلة: الجماع، وأن بعض العلماء قال: المراد به: الإنزال، وأنه إذا حصل جماع بدون إنزال فإنها لا تحل للأول، والصحيح أن المراد بالعسيلة: الجماع وإن لم ينزل، وأنه إذا جامعها فإنها تحل للأول، إذا جامعها حلت للأول لكن بشرط أن يكون النكاح صحيحًا، أما لو كان نكاح تحليل فإن وطأها لا يحل أصلا ولا يُحلها للزوج الأول، لأن نكاح التحليل حرام وباطل فلا يفيد شيئًا. So his first husband wanted to marry her, and the Messenger of Allah (peace and blessings be upon him) was asked about that, and he said: No, until the other man tastes of her sweetness what the first man tasted. Agreed upon by al-Bukhari and Muslim, and the wording is from Muslim. This indicates that if a woman is divorced three times, she does not become lawful for the first husband except after a valid marriage and the consummation of the second husband. Write this down, everyone. After a valid marriage, because the consummation of the second husband is not permissible except with a valid marriage, so a valid marriage is necessary, and what else is necessary? The student: Consummation. The Shaykh: From consummation, consummation is necessary. And his statement: "Until he tastes of her sweetness," we mentioned previously that the intended meaning of "sweetness" is intercourse, and that some scholars said the intended meaning is ejaculation, and that if intercourse occurs without ejaculation, she does not become lawful for the first husband. And the correct view is that the intended meaning of "sweetness" is intercourse, even if he does not ejaculate, and that if he has intercourse with her, she becomes lawful for the first husband. If he has intercourse with her, she becomes lawful for the first husband, but on the condition that the marriage is valid. As for a marriage for the purpose of facilitating remarriage (tahlil), then his consummation of her does not make her lawful at all, nor does it make her lawful for the first husband, because a marriage for the purpose of facilitating remarriage is forbidden and invalid, so it does not benefit anything.
He said: "And from Aisha (may Allah be pleased with her), she said: A man divorced his wife three times" We have explained this and said that the triple divorce in the time of the Prophet (peace and blessings be upon him) was not the known divorce where one says, "You are divorced three times." Rather, a triple divorce means a divorce, then a return or a new marriage, then a divorce, then a return or a new marriage, then a divorce. This third divorce is what separates the woman from her husband.
As for the statement of the one who says to his wife, "You are divorced three times," or "You are divorced, you are divorced, you are divorced," it was considered one divorce in the time of the Prophet (peace and blessings be upon him), the time of Abu Bakr, and two years of the caliphate of 'Umar. When this became common among the people, 'Umar (may Allah be pleased with him) said:
I see that the people have become reckless
إني أرى الناس قد تتايعواI read the report: "You have become reckless in a matter in which you had patience, so I have implemented it for them" What does it mean that they had patience in it? It means there was leeway; they would divorce once. If you divorce once, are you obligated to return to your wife? No, you have leeway. Divorce once, then divorce a second time, then a third time. Because some people are ignorant and say, "I will divorce her three times so that I do not take her back." We say to him: If you divorce her once, you are not obligated to take her back. Let her waiting period expire, and if you wish, take her back. He (may Allah be pleased with him) said: "I see that the people have become reckless in a matter in which they had patience, so I have implemented it for them, and he implemented it for them" This is an authentic hadith, and it is explicit that the implementation of the triple divorce was from the independent legal reasoning (ijtihad) of 'Umar (may Allah be pleased with him). The hadith is in Muslim. It was from the independent legal reasoning of 'Umar.
Some scholars said: So the scholars adopted this, and it became a consensus, meaning a consensus among the scholars that a triple divorce counts as three, and the woman is thereby separated. And some scholars said: Rather, the consensus is the opposite of that, because the hadith of Ibn 'Abbas, which is also in Muslim, says: The triple divorce in the time of the Prophet (peace and blessings be upon him), the time of Abu Bakr, and two years of the caliphate of 'Umar (may Allah have mercy on you) was one divorce. So we have three eras: the era of the Prophet (peace and blessings be upon him), the era of Abu Bakr, and two years of the caliphate of 'Umar. They said: If we were lenient in transmitting the consensus, what would the consensus be? That the three are one, and this is the truth. For this reason, the stronger position among the statements of the scholars in this issue is: that a triple divorce is one, whether it occurs with a single phrase or with repeated phrases, and that there is no divorce except after a return or a new marriage. After a return, for example, if he says, "I divorced my wife," and then he takes her back, if he takes her back she returns as a wife. If he divorces her this second time and takes her back, she returns as a wife. If he divorces her, this is the third time. Or he says to his wife, "You are divorced," and she observes the waiting period, then it expires, and he marries her anew, then divorces her, then the waiting period expires, and he marries her anew, then divorces her. This third divorce is what separates her. In any case, her statement (may Allah be pleased with her): "He divorced his wife three times," the triple divorce means that this is the final divorce that separates them. So another man married her, and then he divorced her before consummating the marriage فأراد زوجها الأول أن يتزوجها فسئل رسول الله صلى الله عليه وسلم عن ذلك فقال : لا ، حتى يذوق الآخر من عسيلتها ما ذاق الأول متفق عليه واللفظ لمسلم .
هذا يدل على أن المرأة إذا طلقت ثلاثًا لا تحل للزوج الأول إلا بعد النكاح صحيح وبعد وطء الزوج الثاني - حطوا بالكم يا جماعة - بعد نكاح صحيح، لأن وطء الثاني لا يباح إلا بنكاح صحيح فلابد من نكاح صحيح ولابد إيش؟
الطالب : وطء.
الشيخ : من وطء لا بد من وطء.
وقوله: حتى يذوق من عسيلتها ذكرنا فيما سبق أن المراد بالعسيلة: الجماع، وأن بعض العلماء قال: المراد به: الإنزال، وأنه إذا حصل جماع بدون إنزال فإنها لا تحل للأول، والصحيح أن المراد بالعسيلة: الجماع وإن لم ينزل، وأنه إذا جامعها فإنها تحل للأول، إذا جامعها حلت للأول لكن بشرط أن يكون النكاح صحيحًا، أما لو كان نكاح تحليل فإن وطأها لا يحل أصلا ولا يُحلها للزوج الأول، لأن نكاح التحليل حرام وباطل فلا يفيد شيئًا. So his first husband wanted to marry her, and the Messenger of Allah (peace and blessings be upon him) was asked about that, and he said: No, until the other man tastes of her sweetness what the first man tasted. Agreed upon by al-Bukhari and Muslim, and the wording is from Muslim. This indicates that if a woman is divorced three times, she does not become lawful for the first husband except after a valid marriage and the consummation of the second husband. Write this down, everyone. After a valid marriage, because the consummation of the second husband is not permissible except with a valid marriage, so a valid marriage is necessary, and what else is necessary? The student: Consummation. The Shaykh: From consummation, consummation is necessary. And his statement: "Until he tastes of her sweetness," we mentioned previously that the intended meaning of "sweetness" is intercourse, and that some scholars said the intended meaning is ejaculation, and that if intercourse occurs without ejaculation, she does not become lawful for the first husband. And the correct view is that the intended meaning of "sweetness" is intercourse, even if he does not ejaculate, and that if he has intercourse with her, she becomes lawful for the first husband. If he has intercourse with her, she becomes lawful for the first husband, but on the condition that the marriage is valid. As for a marriage for the purpose of facilitating remarriage (tahlil), then his consummation of her does not make her lawful at all, nor does it make her lawful for the first husband, because a marriage for the purpose of facilitating remarriage is forbidden and invalid, so it does not benefit anything.