Consummating the nikaah for halaalah to be valid
Question
A man divorced his wife with 3 talaaqs. Months later after her iddat, she remarries another man. However, after the nikaah she changes her mind and the man divorces her. They did not consumate the nikaah. Can she marry her first husband?
Answer
No. She has to consummate the nikaah and only after that if she receives a divorce from the second husband and then sits in iddat can she remarry the first husband.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/28568
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-28568
People also ask
How does a husband take his wife back after talaaq?
“If the halaalah was pre arranged between the first husband and the person who did the halaalah (second husband), then this is not permissible and is a major sin. The hadith has explained that both people are cursed by Allah…”
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