A man divorced his wife three times, then another man married her with the intention of marriage, not intending to be a legalizer, but then he was unable to have intercourse due to an ailment. What is the ruling on her returning to the first husband?
Machine translationRead the Arabic original
The questioner : This is a man who divorced his wife.
The Shaykh : He divorced his wife.
The questioner : Then a second man married her with the intention of marriage, not with the intention of being a legalizer.
The Shaykh : Yes, how many times did he divorce her?
The questioner : Three.
The Shaykh : So, this has come before us.
The questioner : And what came before? May Allah reward you.
The Shaykh : That he divorced her three times? Has this come before us?
The questioner : No, no, this issue, May Allah reward you, this issue, I said that if something happens to him, we stipulated that he must have intercourse. We stipulated in this case that he must have intercourse.
The Shaykh : Yes, yes, the second husband who married her after the first divorce must have intercourse with her.
The questioner : Yes, but I say, May Allah reward you, this is an external factor.
The Shaykh : It does not contradict the ruling if he did not have intercourse due to an ailment, whether he was impotent or was struck by the evil eye as I said, or was afflicted with a sudden illness that prevented him from intercourse, then she is not permissible.
The questioner : She is not permissible.
The Shaykh : Absolutely.
The questioner : Okay, May Allah reward you, perhaps it could be.
The Shaykh : She is the wife of Rifa'ah, and what did she say to the MessengerSahih al-Bukhari 2639.
The questioner : But, May Allah reward you, for example... this, for example, is a woman who was struck by the evil eye that prevented her from marriage entirely, meaning the man wanted her, so he struck her with the evil eye, preventing her entirely; whenever she married a man, he was unable to approach her or have intercourse with her. So, does she remain in this state?
The Shaykh : Meaning, after the first husband?
The questioner : Yes, after the first husband.
The Shaykh : She remains, or... and she is content with it even if he did not have intercourse with her. Yes, O Abd al-Rahman?
The Shaykh : He divorced his wife.
The questioner : Then a second man married her with the intention of marriage, not with the intention of being a legalizer.
The Shaykh : Yes, how many times did he divorce her?
The questioner : Three.
The Shaykh : So, this has come before us.
The questioner : And what came before? May Allah reward you.
The Shaykh : That he divorced her three times? Has this come before us?
The questioner : No, no, this issue, May Allah reward you, this issue, I said that if something happens to him, we stipulated that he must have intercourse. We stipulated in this case that he must have intercourse.
The Shaykh : Yes, yes, the second husband who married her after the first divorce must have intercourse with her.
The questioner : Yes, but I say, May Allah reward you, this is an external factor.
The Shaykh : It does not contradict the ruling if he did not have intercourse due to an ailment, whether he was impotent or was struck by the evil eye as I said, or was afflicted with a sudden illness that prevented him from intercourse, then she is not permissible.
The questioner : She is not permissible.
The Shaykh : Absolutely.
The questioner : Okay, May Allah reward you, perhaps it could be.
The Shaykh : She is the wife of Rifa'ah, and what did she say to the Messenger
but he is impotent
إنما معه مثل هدبة الثوبThe questioner : But, May Allah reward you, for example... this, for example, is a woman who was struck by the evil eye that prevented her from marriage entirely, meaning the man wanted her, so he struck her with the evil eye, preventing her entirely; whenever she married a man, he was unable to approach her or have intercourse with her. So, does she remain in this state?
The Shaykh : Meaning, after the first husband?
The questioner : Yes, after the first husband.
The Shaykh : She remains, or... and she is content with it even if he did not have intercourse with her. Yes, O Abd al-Rahman?