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:

Husband said three times talak and want to know can they still stay together in one house for the sake of the kids without having sex or any husband wife relationship as they have no choice of being as husband and wife by sheriah islam ?

Second if the wife marries his brother and second day takes divorce without having sex with him as he is just helping us to get together again is it ok?

 

(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:

 

Three irrevocable 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.

 

You Question: husband said three times talak

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

229    A (revocable) 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 for the third time) 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.

 

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.'

 

Respected brother, if the husband has declared three divorces upon his wife……an absolutely irrevocable divorce would be deemed established in the marriage and the couple cannot remarry each other again unless the wife happens to marry someone else and her new husband, of his own free will divorces her, or dies.

 

Your Question: ….husband said three times talak and want to know can they still stay together in one house for the sake of the kids without having sex or any husband wife relationship

To the best of our knowledge, there is absolutely nothing in Shariah which prohibits two non-mehrams living in the same house, provided none of the Commands and the Limits of the Lord’s Boundaries are violated..

 

After the declaration of the irrevocable third divorce, the couple would now be non-mehrams to each other in the Sight of Shariah Law and of Allah Subhanah. If every precaution that a believer should take when in the presence of a non-mehram member of the opposite sex is honored, there is absolutely no harm if two non-mehrams happen to live in the same house for some reason.

 

The ex-wife should cover herself completely; both of them should lower their gaze and talk in a strictly business-like manner if any need arises, they should not meet or sit or talk casually in private, etc….basically take every precaution one would take when in the presence of a non-mehram member of the opposite sex. 

 

Your Question: Second if the wife marries his brother and second day takes divorce without having sex with him as he is just helping us to get together again is it ok?

The intentional plotting and planning for arranging the temporary marriage of the irrevocably divorced wife with another person only 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!’

 

Under any and all circumstances, the process of what is known as ‘halala’ is not even an option for one who sincerely fears Allah and the Last Day!

 

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