Consummating the nikaah for halaalah to be valid

· 5 Jumada II 1440 AH1 min readEnglish

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)
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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