Thursday 27 October 2011

Divorcing three times.

Q; asalamualaikum.if sm1has gvn 3talaqs at atime,now the hùsbnd is seriously ashamd nd want to retvrn bk to her nd their z a gap of 1yr?answr frm Quran nd sunat?just

A; All-Praise is due to Allah,

Allah the All-Mighty said;
“And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allaah. These are the limits of Allaah, which He makes plain for the people who have knowledge”

[al-Baqarah 2:230].

Mahmoud ibn Labeed said: The Messenger of Allaah (peace and blessings of Allaah be upon him) was told about a man who divorced his wife three times in one go. He got up angrily and said: “Will the Book of Allaah be toyed with when I am still among you?” A man stood up and said: “O Messenger of Allaah, shall I kill him?”

Al-Haafiz said: The men of its isnaad are thiqaat (trustworthy). End quote. It was classed as saheeh by al-Albaani in Ghaayat al-Maraam (261).

Sheikh Muhammad Saalih Al-Munajid said,
If a husband says to his wife: ‘You are not my wife and I will never come back to you’, this is a metaphor for divorce, because divorce may be either explicit or implicit. Explicit divorce counts as such regardless of intentions, and implicit divorce only counts as such if there was the intention of divorce.

(See Islam Q&A Fatwa: 100997

One must bare in mind that it is only permissible to remarry the person that has been divorced three times unless if they marry someone else and get divorced from them as mentioned in the verse above, but this case is only permissible if it is not done intentionally by setting some one up in order to marry them so they can get divorced to make it Halal for them to remarry for verily this is Haram.

Abu Dawood (2076) narrated that the Prophet (blessings and peace of Allah be upon him) said: “May Allah curse the one who does a tahleel marriage and the one for whom it is done.” Classed as saheeh by al-Albaani in Saheeh Abi Dawood.

The muhallil is the one who marries a woman and divorces her so that she can go back to her first husband, and the muhallal lahu is the first husband.

Ibn Majaah (1936) narrated from ‘Uqbah ibn ‘Aamir (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “Shall I not tell you of a borrowed billy-goat.” They said, Yes, O Messenger of Allaah. He said, “He is al-muhallil. May Allaah curse al-muhallil and al-muhallal lahu.” Classed as hasan by al-Albaani in Saheeh Sunan Ibn Maajah.

‘Abd al-Razzaaq (6/2650 narrated that ‘Umar ibn al-Khattaab (may Allaah be pleased with him) said whilst addressing the people: “By Allaah, no muhallil or muhallal lahu will be brought to me but I will stone them.”

This applies whether he states his intention clearly when doing the marriage contract and they stipulate that when he has made her permissible for her first husband he will divorce her, or they do not stipulate that and he intends it to himself only.

And Allah knows best...

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