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Re -marry

Last updated: 23rd October 2006
Question ID: #2875
Short URL: http://qa.muftisays.com/?2875
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Muslim Brother
23rd October 2006

 
Asalaam mualikum

I was married to my wife for 16yrs and recently became divorced after giving 3 talaks without thinking
1 talak in person and 2 talaks via E mail.Is this accepted?
My wife and I now want to remarry and reconcile.
I know she may have to remarry first.If so.What does she have to do?
If the marriage must be consumated,what is meant by consumated? to what level does this have to go.
I love her and we have made a mistake for which we are been punished, but we want to reconcile as soon as possible insha allah.



Answer
Ulamaa
Ulamaa ID 04
Answer last updated on:
6th April 2008
Answered by:
Ulamaa ID 04
Website
Location: London
Bismillah

Al-jawab billahi at-taufeeq (the answer with Allah's guidance)


Yes, three divorce will take place.

If husband and wife want to re-marry then the divorced woman must marry another man and consummates the marriage with him, and then he either dies or divorces her for some reason. She now becomes free to marry her first husband after her Iddah (waiting period) is completed. This is called Halala in Shari'ah.

Allah Ta'ala says,

"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 Allah. These are the limits of Allah, which He makes plain for the people who have knowledge." (2:229, 230)

Narrated 'Aisha:

The wife of Rifa'a Al-Qurazi came to Allah's Apostle and said, "O Allah's Apostle! Rifa'a divorced me irrevocably. After him I married 'Abdur-Rahman bin Az-Zubair Al-Qurazi who proved to be impotent." Allah's Apostle said to her, "Perhaps you want to return to Rifa'a? Nay (you cannot return to Rifa'a) until you and 'Abdur-Rahman consummate your marriage." (Bukhari, Volume 7, Book 63, Number 186)

Narrated Aisha, Ummul Mu'minin:

The Apostle of Allah (peace be upon him) was asked about a man who divorced his wife three times, and she married another who entered upon her, but divorced her before having intercourse with her, whether she was lawful for the former husband. She said: The Prophet (peace be upon him) replied: She is not lawful for the first (husband) until she tastes the honey of the other husband and he tastes her honey. (Abu Dawud, Book 12, Number 2302)


Note: The word consummates means to complete marriage with sexual intercourse.


For more information please refer to: http://www.muftisays.com/qa.php?viewpage=viewQA&question=2668



And Only Allah Ta'ala Knows Best.