Three divorce remarry after sexual.
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:
as salam ali kum
brother of islam
if a person has pronounce talaq three time in one stretch in an angry mood
during an argument with his wife over telephone, is it considerd as irrevocable
talaq pls reply
if yes then the women has to marry a different man and again if that man with
his willingness divorce this women only that he can remarry this women, is it
neccessary that the second man should have sexy relation & only than
divorce or can he divorce without any sexy relation pls reply
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Answer:
Three divorce
remarry after sexual
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 Question: if a
person has pronounce talaq three time in one stretch in an angry mood during an
argument with his wife over telephone, is it considerd as irrevocable talaq pls
reply
Allah Says
in the Holy Quran Chapter 2 Surah Baqarah verse 229:
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).
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).’
Regardless of whether the husband pronounces the divorce
in anger or not, regardless of whether it was pronounced verbally, or in
writing, or through the telephone or any other means of communication,
etc…..absolutely regardless of how, when, and why a divorce was pronounced, as
long as the husband declared the pronouncement/s of divorce upon his wife, a
divorce will be legally established between the couple in the Sight of Shariah
Law and of Allah Subhanah.
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
Question: if yes then the women has to marry a different man and again if that
man with his willingness divorce this women only that he can remarry this
women, is it neccessary that the second man should have sexy relation &
only than divorce or can he divorce without any sexy relation
Allah Says in the Holy Quran Chapter 2 Surah
Baqarah verse 230:
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 the rights of the woman,
where the man divorces his wife and marries her again and again, Islam imposed
the two-strike rule whereby a husband is allowed to divorce and remarry the
same woman again only twice in any one marriage. If the husband divorces his wife for the
third time, it would constitute an irrevocable divorce in the Sight of Shariah
Law 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 new husband were to die, or of his own will divorce her.
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 remarry
Rifa'a? You cannot unless you had a complete sexual relation with your
present husband."
If perchance the woman is divorced again from the second
husband, but for any reason whatsoever, there was no consummation or complete
sexual relation between the wife and her new (second) husband, it would not be
permissible for the wife to remarry her first husband who had given her the
three irrevocable divorce, unless and until she marries another person,
consummates the marriage with that (third) husband, and her third husband
were to die, or of his own will divorce her.
When a husband 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 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’ in Islamic Fiqh and
Jurisprudence.
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!’
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