Until you marry another husband

 

@kufrcleaner

The doubt:

It is stated in the Holy Quran: {But if he divorces her, then she is not lawful to him afterward until she marries a husband other than him} [Al-Baqarah 230]. It was stated in its interpretation: The wife of Rifa’ah said to the Messenger of Allah: Rifa’ah divorced me and my divorce is final, and Abd al-Rahman ibn al-Zubayr married me, and he has nothing like the hem of a garment. The Messenger of Allah said: Do you want to go back to Rifa’ah? She said: Yes. He said: No, until you taste his honey and he tastes your honey. Often a woman has a great husband and sons and daughters who are the masters of their society, and in a state of anger her husband divorces her, then regrets what he did, so the Quranic law obliges this woman to have intercourse with someone other than her husband before she returns to him.



The answer: The meaning of the verse and the previous hadith:

What is meant by the Prophet’s statement, peace and blessings be upon him: “Not until you taste his honey, and he tastes your honey” is: It is not permissible for a man who has divorced his wife three times to take her back until she marries another husband in a valid marriage, then she is divorced from him without this second husband intending to make her permissible for the first husband. If the wife wants to return to the first husband, that is permissible for her.

The questioner made a mistake when he said: “So the Qur’anic law requires this woman to have intercourse with someone other than her husband before she returns to him,” to give the impression that what is meant is: having intercourse with someone other than her husband without marriage, while the verse and the hadith mention the second husband entering upon his wife, and he married her in a valid marriage contract.

Allah the Almighty said about a woman who has been divorced three times: {But if he has divorced her, then she is not lawful to him afterward until she marries a husband other than him},

meaning: until she marries another husband in a marriage of desire, a customary marriage, intended for permanence and continuity,

not a formal marriage in which there is nothing of marriage except its appearance, meaning a marriage in which there is none of the meaning of true marriage, such as each of them being at peace with the other, and of affection, compassion and love, so there is none of it in little or much. This is indicated by the fact that one of the objectives of the Shari’ah is to protect women.

Scholars have considered that her marriage to a second wife is invalid if it was by prior agreement with the first husband, in order to make it permissible for her to return to him. In the authentic hadith: “Allah has cursed the one who makes her permissible and the one for whom she is made permissible” (1), meaning: the one who marries a woman by agreement with her or with her first husband, then divorces her so that she becomes permissible for the first husband.

Scholars have also considered that divorce in anger does not take place, based on the saying of the Messenger of Allah, may Allah bless him and grant him peace: “There is no divorce in anger” (2). Anger is intense anger. The questioner made a mistake in saying: It is often the case that a woman has a great husband and sons and daughters who are the leaders of their society, and in a state of anger her husband divorces her, then regrets what he did. The

questioner forgot that respecting the rulings of religion is a duty and that this person, who is one of the leaders of society, was worthy of appreciating the rulings of Sharia and not underestimating the rulings of divorce.

Why did Allah legislate divorce and make it three?

Allah has prescribed divorce to abolish what was done in the pre-Islamic era. A man could divorce his wife, and when her waiting period was approaching, he would take her back, then divorce her, then take her back, and so on until she was like a woman in suspense, neither having a husband to live with, nor being released until she was permissible for other husbands. Allah abolished that and made it clear that a man could only do that twice. If he divorced her a third time, she could not return to him except after she married someone else.


The Mother of the Believers, Aisha, may Allah be pleased with her, said: A man would divorce his wife as many times as he wanted, and she was his wife if he took her back while she was in her waiting period, even if he divorced her a hundred times or more, until a man said to his wife: By Allah, I will not divorce you, so separate me from you, and I will never take you back. She said: How is that?

He said: I divorce you, and whenever your waiting period is about to end, I will take you back. This is certainly arbitrary on the part of the man. What is the solution in Islam for this abhorrent pre-Islamic custom? So the


woman went until she entered upon Aisha and told her. She remained silent until the Prophet, may God bless him and grant him peace, came. She told him, and the Prophet, may God bless him and grant him peace, remained silent until the Qur’an was revealed: “Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment.” [Al-Baqarah: 229] (3) Aisha said: So the people resumed divorce in the future; whoever had divorced, and whoever had not.

If the second divorces her, she becomes permissible for the first, just like any other man, if he wants to return to her

. This will cut off the man’s desire for her, since he stipulated that she should stay away from him and be married. This second husband may keep her all his life, and the first husband will never have intercourse with her. This would make it more likely that he should be deliberate in divorcing, not being excessive or wasteful.

There is no religion that Allah has legislated for His servants except that it has obligations that Allah imposes on His servants, and without this it cannot be called a religion. Even the modern philosophies that seek to replace religion demand many obligations from their followers.

The goal of Islam’s legislation of divorce is to educate people to control themselves and not to be hasty. If they are hasty and do that, they will be forgiven once or twice, without any increase in that.

Sunan Abi Dawood, Book of Marriage, Chapter on Tahlil, Hadith No. 2078 (1)

(2) Sunan Ibn Majah, Book of Divorce, Chapter on Divorce Under Force and Forgetfulness, Hadith No. 2124

(3) Al-Tirmidhi: Book of Divorce - Chapter on Divorce Twice..., Hadith No. 1230

Doubt; If a woman loves her husband and does not want anyone else, and he divorces her three times, what should she do? That's it!

I mean, if she did not marry the last marriage he wanted, it was a marriage just to get back together, will it be considered adultery for her? Or will it be considered invalid and therefore she does not have the right to return to her husband?
So, are all the people who did this and are still doing this wrong?? (Honestly, I didn’t know this information except from an Adel Emam movie. Then, our neighbor was put in this predicament and her husband divorced her three times and she wanted to return again and faced problems in marrying someone and her husband went looking for a man before the marriage on paper only because he couldn’t bear his nature for his wife to be with another man... and this was a life lesson for him of course, but I think that in the end she got married on paper only and the second husband didn’t touch her until he divorced her and her waiting period passed and she returned to her husband...
What is the ruling here... What is certain is that the wife’s continued desire to return to her husband who divorced her cannot, at the same time, be able to open her heart and desire another man so that it would be a marriage of desire with the intention of continuing... People have gone to great lengths to circumvent God’s legislation!! And I don’t mean the Islamic religion with what I’m saying. I know that no matter how easy or difficult the laws are, there are always people who break the laws. We are human and no one is infallible.
But I have another question... Regarding divorce three times...
If the husband says the first time and says: "You are divorced three times", does this count as three divorces? And in order to get her back, she must marry another man?
Or is this just a movie thing and why should the three divorces be on paper and three times separately?

Divorce is twice . Then, either keep [her] in an acceptable manner or release [her] with good treatment. And it is not lawful for you to take back anything of what you have given them unless both fear that they will not be able to keep within the limits of Allah. But if you fear that they will not be able to keep within the limits of Allah, there is no blame upon them for what she gives herself in ransom. These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah - it is those who are the wrongdoers . Then she is not lawful to him afterward until she marries another husband. But if he divorces her, there is no blame upon them if they return to each other if they think that they can maintain the limits of Allah. And these are the limits of Allah which He makes clear for a people who know
. (Surat Al-Baqarah: 229-230
)


Imam Muhammad Metwally Al-Shaarawy (may Allah have mercy on him) said

: The Truth says: {Divorce is twice} and after that He said: {Then, either keep [her] in an acceptable manner or release [her] with good treatment}. Here, the truth speaks about divorce by saying: {But if he has divorced her, then she is not lawful to him afterward until she marries another husband.} This is to show us that if matters between the spouses reach the point of no return, then a harsh lesson is required ; neither of them can return to the other easily. Allah gave them respite by legislating the minor separation, which is followed by a new dowry and contract, but they did not deter, so there was no alternative to the major separation, which is for the woman to marry another husband and try another marital life. Thus, the lesson is harsh .

Some men may take the matter in a formal way, and marry a woman who has been divorced three times in a marriage that meets all the conditions of a contract, witnesses, and dowry, but the marriage does not entail sexual intercourse between them. This is the “muhallil” that we hear about, which is not approved by Islam .

Whoever marries as a muhallil and the woman who agrees to that muhallil should know that this is forbidden for both of them, because there is no muhallil in Islam , and whoever enters with the intention of muhallil, the wife is not permissible for him and he has no rights over her. At the same time, if that man divorces her, she is not permissible for her to return to her previous husband , because the muhallil was not a husband but rather a representation of a husband, and representation does not prove anything in reality. Therefore, the Almighty said: {Then she is not lawful to him afterward until she marries a husband other than him.}

What is meant here is the natural marriage that circumstances led to without fabrication or intention to make it permissible. When that man divorces her due to circumstances beyond his control, such as the impossibility of living together, and not for reasons agreed upon, then the previous husband can marry the woman who was under his protection and whom he divorced three times before. {But if he has divorced her (her), there is no blame upon them if they return to each other, if they think that they can maintain the limits of Allah. And these are the limits of Allah which He makes clear to a people who know.} That is, it is most likely that the issues that were a source of disagreement in the past have ended and the two have reached a level of reason and mutual respect, and have learned a lesson from experience that makes each of them content with the other . After that, Allah the Almighty says: {And when you divorce women and they have fulfilled their term, then keep them according to acceptable terms...}

.


Here we ask: Will a person who knows that if he divorces his wife, she will marry someone else (and have sex with him) be lenient in divorcing her? Or will he think about it a million times instead?

Even if he did it easily, then he does not love her and does not want her as his wife.. This is better for them, Allah Almighty said: But if they separate, Allah will enrich each of them from His abundance . And ever is Allah Encompassing and Wise

. If she loves him as you say, then let her do what pleases him and what her Lord has commanded her to do.

quote

But I have another question... Regarding divorce three times...
If the husband says the first time and says: "You are divorced three times", does this count as three divorces? And in order to get her back, she must marry another man?
Or is this just something for the movies and why should the three divorces be on paper and three separate divorces?

His Eminence Sheikh Al-Shaarawy, may God have mercy on him, also says

: Is a man’s saying to his wife “You are divorced three times” considered three divorces or not? We say: Time is an essential condition for divorce to occur. A man divorces his wife once, then a period of time passes, and he divorces her again, so it becomes a second divorce , and a period of time also passes, and after that we arrive at His saying: {Then either keep her in an acceptable manner or release her with good treatment.} Therefore, the text of the verse is clear and explicit that divorce by three utterances does not constitute three divorces, but rather it is one divorce . It is true that our master Omar, may God be pleased with him, made it three divorces because people took the matter lightly, so he saw that he should be strict with them so that they would desist, but they did not desist, and thus we return to the origin of the legislation as stated in the Qur’an, which is {Divorce is twice.}

The wisdom of distributing divorce over the three times, not in one phrase, is that God Almighty gives an opportunity to withdraw. Giving a chance does not come in one breath and in one session