Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

I give divorce to my wife 3 at one shot. now if i want her back in my nikah, halala is necessary, my question is 1. what if we arrange a man whome she is going to merry and then he will divorce her after nikah and if he is also agrees on this condition, is it ok in islam. my 2nd question is, will it be necessary for my x wife to sleep with that new person and have sex or only he has to make nikah and divorce her without sex. this is very urgent please do reply me. we also have a child of 2 months.

 

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Answer:

 

Halala three divorces

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Your Statement: I give divorce to my wife 3 at one shot

Sunan of Abu-Dawood Hadith 2189  Narrated by Abu Hurayrah

The Prophet (saws) said: ‘There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final).’

 

Al-Tirmidhi Hadith 3292        Narrated by Mahmud ibn Labid

When Allah's Messenger (saws) was informed about a man who had divorced his wife, declaring it three times without any interval between them, he (saws) arose in anger and said, "Is a mockery being made of the Book of Allah Who is Great and Glorious, while I am amongst you?"  As a result a companion got up and asked, "O Messenger of Allah (saws) shall I kill him?"

 

The absolute majority of the scholars are of the opinion that if one pronounces three divorces to one’s wife at one time, they will count as three and an irrevocable divorce will be established.  That was the ruling of even the noble companions of the Messenger of Allah (saws) of the stature of Hadrat Abdullah ibn Abbas (r.a.) and of Hadrat Abu Hurayrah (r.a.), etc.

 

Al-Muwatta Hadith 29.37

Yahya related from Malik from Ibn Shihab from Muhammad ibn Abd ar-Rahman ibn Thawban that Muhammad ibn Iyas ibn al-Bukayr said, "A man divorced his wife three times before he had consummated the marriage, and then it seemed good to him to marry her. Therefore, he wanted an opinion, and I went with him to ask Abdullah ibn Abbas and Abu Hurayra on his behalf about it, and they said, 'We do not think that he should marry her until she has married another husband.'

 

Your Statement: now if i want her back in my nikah

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 229-230:

229    A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness.  It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah.  If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them.  If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).

230    So if a husband divorces his wife (irrevocably) he cannot after that remarry her until after she has married another husband and he has divorced her.  In that case there is no blame on either of them if they reunite provided they feel that they can keep the limits ordained by Allah.  Such are the limits ordained by Allah which He makes plain to those who understand.

 

To prevent making a mockery of the sacred institution of marriage and of the rights of women, where the man divorces his wife and marries her again and again, Islam imposed the two-strike rule whereby a man is allowed to divorce and remarry the same woman again only twice.  If the man divorces his wife for the third time, it would constitute an irrevocable divorce and it would be impermissible for the man to marry the same woman again unless and until she (perchance) marries another man, consummates the marriage, and the man dies or of his own will divorces her.

 

Your Question: ……halala is necessary, my question is 1. what if we arrange a man whome she is going to merry and then he will divorce her after nikah and if he is also agrees on this condition, is it ok in islam

The term ‘Halala’ is when a man who has irrevocably divorced his wife, and they (or some people) intentionally plan and arrange for another person to temporarily marry the (divorced) wife, so that the wife can again become legal again for the first husband.  This intentional plotting and planning for arranging the temporary marriage of the divorced wife with another person to intentionally circumvent the Laws of Allah and make her legal for her first husband is what is known as ‘Halala’.

 

It is absolutely impermissible and a grave sin in the sight of Allah for the believers to plan such a ‘halala’ to intentionally circumvent and make a mockery of the Laws of Allah Subhanah.  The Messenger of Allah (saws) invoked the Curse of Allah on the people who practiced ‘halala’ and on those for whom it was practiced.

 

Sunan of Abu-Dawood Hadith 2071  Narrated by Ali ibn AbuTalib

The Prophet (saws) said: ‘The Curse of Allah 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!’

 

Beloved brother, if the wife you irrevocably divorced perchance happens to marry another person, and her new husband, of his own free will, happens to divorce her or he dies….then and only then would it ever be lawful for you to seek remarriage with your ex-wife again. 

 

But under absolutely no circumstances would it be lawful or permissible for a believer who sincerely fears Allah and the Last Day to make jest and a mockery of the Laws of Allah Subhanah, and practice the evil of ‘halala’ to enable them to intentionally manipulate and circumvent the Divine Laws of Allah Subhanah!  Such a person who practices or endorses or participates in the practice of ‘halala’ would be guilty of a grave and heinous sin in the Sight of Allah Subhanah; and the Messenger of Allah (saws) invoked the Curse of Allah Subhanah on such people who practice or endorse the evil of ‘halala’!

 

Your Question: …..will it be necessary for my x wife to sleep with that new person and have sex or only he has to make nikah and divorce her without sex.

Sahih Al-Bukhari Hadith 3.807         Narrated by Aisha

The wife of Rifa'a Al-Qurazi came to the Prophet (saws) and said, "I was Rifa'a's wife, but he divorced me and it was a final irrevocable divorce. Then I married Abdur-Rahman bin Az-Zubair but he is impotent." The Prophet (saws) asked her 'Do you intend to (ever) remarry Rifa'a? You cannot unless you have had a complete sexual relation with your present husband."

 

In light of the above absolutely clear guidance of the Messenger of Allah (saws), it is absolutely obligatory for the woman to have a complete sexual intercourse and relation with her new husband if ever a remarriage with her ex-husband were to take place in the future and considered to be valid and lawful in the Sight of Shariah Law.

 

Your Question: ….this is very urgent please do reply me. we also have a child of 2 months.

Dear and beloved Brother in Islam, as much as you may now regret the decision of pronouncing the three  irrevocable divorces upon your wife, there is not much you can do except bear with patience the consequences of what has unfortunately transpired from your hands. 

 

As your brothers and sincere well-wishers in faith, we implore you to fear Allah and do not even approach the steps of the evil of ‘halala’, lest you commit yourself to a bigger sin and a henious crime in the Sight of Allah Subhanah.   As insurmountable as the issues that you have wrought upon yourself and your loved ones are or may seem to you at the moment, as your brothers and sincere well-wishers in faith, we humbly beseech and implore you in the Blessed Name of the Lord, not to risk the eternal and everlasting life of the Hereafter by indulging in the evil of ‘halala’.  Beloved brother, fear Allah, bear with patience the evil that has unfortunately transpired, seek forgiveness for what has happened from your Lord Most Gracious, and keep your full trust and belief in your Lord Most High, Most Supreme…. and in all humility, and awe, and fear, and hope beseech and implore Him to guide you to a path which is pleasing and acceptable to Him.

 

If one trusts, obeys, and follows the guidance and commands of Allah and His Messenger (saws),   one can be assured of never ever being misled;   but if one believes, obeys and follows any other guidance, other than that of Allah and His Messenger (saws), one can be assured of being led astray.  

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan