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:

A husband did not divorce his wife but she left him for 4 yrs and so they did not have sex in between the husband married a widow wherein after 4 yrs first wife came back husband left his second wife and without hallala slept with the first wife and on the advice of first wife left his second wife is the first wife just and is the husband just to sleep with the first wife after 4yrs 

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Husband wife no divorce

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.

 

Firstly, if no divorce was declared in the marriage between the husband and the first wife, absolutely regardless of how long they happened to stay away from other (be it 4 months, 4 years, or 40 years!), their marriage will remain valid until a divorce is pronounced between them, or one amongst them dies.  If the husband and the first wife, who returned after four years happened to enjoy their conjugal rights in their marriage, they were well within their rights in the boundaries of Islam to do so.

 

We are not entirely sure what exactly you mean by the statement: ‘on the advice of first wife ‘left’ his second wife’…..if by the term ‘left’ you mean to imply that the first wife advised, ordered, or coerced her husband to divorce the second wife, indeed she had absolutely no right to do so and it would be considered a sin upon her in the Sight of Allah Subhanah.

 

Sahih Al-Bukhari Hadith 8.598         Narrated by Abu Huraira

Allah's Messenger (saws) said, "No woman should ask for the divorce of her sister (Muslim) so as to take her place, but she should marry the man (without compelling him to divorce his other wife), for she will have nothing but what Allah has written for her."

 

All the parties, the husband, the first wife, and the second wife…are obligated to fear Allah their Lord if indeed they believe in Allah and the Last Day, and it is the duty of each of them to strive not to make a mockery of the sacred institution of marriage.

 

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