Couple may remarry after three divorces if wife is divorced in new consummated marriage
Fatwa No: 288100

  • Fatwa Date:18-3-2015 - Jumaadaa Al-Oula 28, 1436
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Question

Assalam-0-Alaikum , Jazak Allah kheir for you reply regarding question No. 2548998. I just want some clear answer. Please note,(1) My ex wife did not married with second husband with the intention that her husband is a Muhallil . It was a genuine marriage.(2) As second husband was in Saudia and she was in Kenya , both of them did not touch / slept , so no sexual intercourse took place. So in these circumstances , can I remarry her ? And also , does she need to finish Edda ? If yes then for how long ?Jazak Allah kheier and waiting for reply.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

The condition for a thrice-divorced woman to remarry her ex-husband is not only to have married a second husband in a genuine marriage, but also that the second husband actually consummates the marriage with her. The Prophet, sallallaahu ‘alayhi wa sallam, expressed this condition (i.e. consummation of marriage) when he, sallallaahu ‘alayhi wa sallam, said: "… not until you have tasted his sweetness and he has tasted yours." [Al-Bukhari and Muslim]

Thus, if her second husband divorced her before the consummation of the marriage, it is not lawful for you to remarry her. For further information, please refer to Fataawa 62189 and 155551.

If a woman is divorced before the marriage consummation, no ‘Iddah (post-divorce waiting period) is required of her, as we clarified in Fataawa 36992 and 88409. If she receives a marriage proposal from any man other than you, there is no objection to her marrying him.

Allaah Knows best.

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