How a woman divorced with three divorces returns to her former husband
Machine translationRead the Arabic original
Question:
The following message is from the selected listener, Al-Mukhtar ibn Abik, from Mauritania, residing in Libya. He sent a message asking this question, saying: What is the method for a woman divorced with three divorces to return to her former husband after she has married someone else? What are the conditions that she and her family are permitted to impose on the new husband after he marries her so that he will divorce her, thereby making her lawful for her first husband? Are such conditions permissible in a marriage like this? Please inform us; may Allah reward you and grant you the best reward.
Answer:
It is not permissible to condition upon him that he divorce her, nor to marry her for the purpose of making her lawful (tahrir). This is forbidden. The Messenger of Allah (peace and blessings be upon him) said:Jami` at-Tirmidhi 1119Da'if (Darussalam) and he called it "the borrowed goat."
Therefore, it is not permissible. The marriage must be one of desire. If she marries a man who desires her, and then he divorces her after consummating the marriage—meaning after he has had intercourse with her—and then divorces her of his own accord, not due to conditions imposed on him, then she becomes lawful for the first husband.
However, if the second man marries her in order to make her lawful for the first, then she does not become lawful. Rather, this is a marriage for the purpose of making her lawful, and its practitioner is cursed if he intends that. We ask Allah for safety. It is not permissible for the second marriage to be a marriage of desire, a lawful marriage, conditioned upon the husband divorcing her. He must also consummate the marriage and then divorce her of his own choice, or he must die while she is his wife.
The presenter: May Allah reward you with good.
The following message is from the selected listener, Al-Mukhtar ibn Abik, from Mauritania, residing in Libya. He sent a message asking this question, saying: What is the method for a woman divorced with three divorces to return to her former husband after she has married someone else? What are the conditions that she and her family are permitted to impose on the new husband after he marries her so that he will divorce her, thereby making her lawful for her first husband? Are such conditions permissible in a marriage like this? Please inform us; may Allah reward you and grant you the best reward.
Answer:
It is not permissible to condition upon him that he divorce her, nor to marry her for the purpose of making her lawful (tahrir). This is forbidden. The Messenger of Allah (peace and blessings be upon him) said:
Jabir bin Abdullah and Ali narrated: "The Messenger of Allah cursed the Muhill and the one the Muhallal was done for."
لعن المحلل والمحلل لهTherefore, it is not permissible. The marriage must be one of desire. If she marries a man who desires her, and then he divorces her after consummating the marriage—meaning after he has had intercourse with her—and then divorces her of his own accord, not due to conditions imposed on him, then she becomes lawful for the first husband.
However, if the second man marries her in order to make her lawful for the first, then she does not become lawful. Rather, this is a marriage for the purpose of making her lawful, and its practitioner is cursed if he intends that. We ask Allah for safety. It is not permissible for the second marriage to be a marriage of desire, a lawful marriage, conditioned upon the husband divorcing her. He must also consummate the marriage and then divorce her of his own choice, or he must die while she is his wife.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.