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Islamic Rulings On Dealing With The Ex-wife - Islam for Muslims - Nairaland

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Islamic Rulings On Dealing With The Ex-wife by akinsmail51: 7:53am On Nov 10, 2023
Hadith on a person who divorced his wife by three pronouncements and intended to remarry her.

BULUGH AL-MARAAM HADITH 1004

'Aishah reported, "A person divorced his wife by three pronouncements. Then another person married her and he also divorced her without having consummation. Then her first husband intended to remarry her. It was about such a case that Allah's Messenger was asked. Whereupon he said, 'No, until the second one has tasted her sweetness as the first one had tasted."

Related by Bukhari and Muslim, but this wording is related by Muslim.

Explanation by Shaykh Al Uthaymeen

“A person divorced his wife by three pronouncements." He meant three consecutive divorces in one utterance because this was considered one divorce in the era of the Prophet.

Wherever you come across "A person divorced his wife by three pronouncements," this indicates one divorce after another.

So, there are many narrations like (divorced her three divorces).

It was mentioned earlier that the latter husband must consummate the marriage.

So, if he made the contract, but without consummation, then divorced her, she will not be lawful to the former husband.

"Has tasted her sweetness."

Does sweetness indicate ejaculation or just having sexual intercourse?

The right opinion indicates it is just sexual intercourse.

So, she is lawful to the former husband despite the absence of ejaculation because sexual intercourse itself is enough as the Prophet said, "Sweetness."

Although, ejaculation is more assuring.

Therefore, we can say she is not lawful to the former husband until the latter husband consummates the marriage.

However, if he divorced her without having sexual intercourse, despite having privacy, kissing or hugging, she would not be lawful to the former husband without the consummation

Another point: Whose intention is to be taken into account: the wife's, the husband's or the guardian's?

Jurists said, "Whoever has no right to breakup, his intention has no effect."

So, the husband's intention shall be regarded because he is the one who is entitled to divorce, the wife's intention has no effect.

In the case where the wife said, "I want to be divorced," and the husband answered, "No," his intention is effective.

Some scholars said, "Both the wife's and husband's intentions are to be considered."

However, it is clear that the husband's intention is effective and the marriage tie is in the husband's hands, but the wife's intention is regarded because she may try to break up by anyway.

She can annoy him. If he said to her, "Make me a cup of tea," she may make something else or she may say, "I will not make anything."

When they are in bed, she may make troubles in order to make him divorce her.

Some women challenge their husband.

She may tell him, "Are you a man?"

When he says, "Yes," then she may add, "If you are a man, divorce me."

So, he may nervously divorce her.

Also, the man may be indebted or needy, in which case she may offer her money in exchange for a divorce.

Anyway, this opinion is strong if we know the bad intention of the wife who caused troubles to be divorced in order to reunite with the former husband.

So, we shall prevent her from marrying him because she prohibitively tried to reunite with the former husband.

She is not allowed to disobey her husband or violate his rights.

Now she may be sorry for losing the latter husband.

What if the judge wisely said to her, "It is obvious that you desire to reunite with the former husband and you seek a middleman, so you are not lawful to reunite with the former husband?"

I think that she will be sorry for the latter one and try to reunite with him, at which time he would express how late her decision is.

Then she will be left hanging.

Anyway, the husband's intention is fundamentally considered and the fact that it is based on the husband's intention is strong opinion.

We said, at the time of the Prophet, Abu Bakr and the first two years of Umar's reign, that three divorces in one utterance was regarded as one divorce.

But later in Umar's reign, he said,
"Verily the people have begun to hasten in the matter in which they are required to observe respite. So if we had imposed this upon them, and he imposed it upon them."

What, is the meaning of, "They are required to observe respite"?

There is no problem if they divorce one time.

If you divorced one time, must you reunite with your wife?

No, but because of the ignorance some people, they say, " I can divorce her three times in order not to reunite."

We say that if you divorced one time, you are not obliged to reunite with her.

You can let her off until her prescribed period is finished and then you can reunite with her as Umar said, "If we had imposed this upon them."

And he imposed it upon them. This is an authentic narration that is related by Muslim.

Some scholars said, "Because the scholars believed in this point of view, it became the consensus."

Some scholars said, "Divorcing three times in one setting makes the woman irrevocably divorced."

Other scholars maintained that the consensus is in the opposite direction on the basis of Hadith of ibn 'Abbas which is related by Muslim, Ibn 'Abbas reported that the pronouncement of three divorces, during the lifetime of Allah's Messenger and that of Abu Bakr and the two years of the caliphate of Umar was treated as one.

So, there are three lifetimes: the lifetime of Allah's Messenger and that of Abu Bakr
and two years of the caliphate of Umar

They said, "If we narrated the consensus, on what basis would we base the consensus?

It is on the basis that divorcing three times in one setting is treated as one.

The preponderant opinion is that the pronouncement of divorce, whether three times or one time in one setting, is considered as one.

For instance, one may divorce his wife and then remarry.

If he remarried, his wife will return to him.

And then he divorced for the second time, he can still remarry.

If he divorced for the third time or he said to his wife, You are divorced," and then she spends the prescribed period.

Then he remarries and then divorces and then she spends the prescribed period.

Then he remarries her and then divorces her, thus the third divorce is the irrevocable one.

She said, "A man divorced his wife thrice."

The thrice divorces indicates the irrevocable one.

This Hadith indicates that if the woman is divorced thrice, she will not be lawful to the former husband, except after lawful marriage to and consummation with the latter husband.

It is important to be after the lawful marriage because the consummation with the latter husband is not allowed but after lawful marriage.

Thus, lawful marriage and consummation are necessary.

"Until the second one has tasted her sweetness."

"Sweetness" here indicates consummation.

Some scholars said it indicates ejaculation and that if he consummated without ejaculation, she would not be lawful to the former husband.

Consummation, regardless, is what is meant here, even in case of no ejaculation.

And if he had sexual intercourse with her, she would be lawful to the former one, provided that the marriage is lawful.

However, if it is a Tahlil marriage, she will not be lawful, even if there was consummation because the Tahlil marriage is invalid and ineffective.

Culled from THE BOOK OF MARRIAGE PART 1 FROM THE EXPLANATION OF BULUGH AL-MARAAM by Shaykh Muhammad bin Saalih Al Uthaymeen (may Allaah have mercy on him)

4 Likes 1 Share

Re: Islamic Rulings On Dealing With The Ex-wife by adesegun121(m): 7:54am On Nov 10, 2023
Aliamudulilahi

3 Likes

Re: Islamic Rulings On Dealing With The Ex-wife by Tajbol4splend(m): 2:15pm On Nov 10, 2023
May you not marry the wrong person

14 Likes

Re: Islamic Rulings On Dealing With The Ex-wife by Mccullum: 2:23pm On Nov 10, 2023
May Allah bless our unions.

9 Likes 1 Share

Re: Islamic Rulings On Dealing With The Ex-wife by Abdulmumin412(m): 2:32pm On Nov 10, 2023
Clear

4 Likes

Re: Islamic Rulings On Dealing With The Ex-wife by Obaofaba: 2:35pm On Nov 10, 2023
Masha'Allah

6 Likes 1 Share

Re: Islamic Rulings On Dealing With The Ex-wife by Amumaigwe: 3:20pm On Nov 10, 2023
akinsmail51:
Hadith on a person who divorced his wife by three pronouncements and intended to remarry her.

BULUGH AL-MARAAM HADITH 1004

'Aishah reported, "A person divorced his wife by three pronouncements. Then another person married her and he also divorced her without having consummation. Then her first husband intended to remarry her. It was about such a case that Allah's Messenger was asked. Whereupon he said, 'No, until the second one has tasted her sweetness as the first one had tasted."

Related by Bukhari and Muslim, but this wording is related by Muslim.

Explanation by Shaykh Al Uthaymeen

“A person divorced his wife by three pronouncements." He meant three consecutive divorces in one utterance because this was considered one divorce in the era of the Prophet.

Wherever you come across "A person divorced his wife by three pronouncements," this indicates one divorce after another.

So, there are many narrations like (divorced her three divorces).

It was mentioned earlier that the latter husband must consummate the marriage.

So, if he made the contract, but without consummation, then divorced her, she will not be lawful to the former husband.

"Has tasted her sweetness."

Does sweetness indicate ejaculation or just having sexual intercourse?

The right opinion indicates it is just sexual intercourse.

So, she is lawful to the former husband despite the absence of ejaculation because sexual intercourse itself is enough as the Prophet said, "Sweetness."

Although, ejaculation is more assuring.

Therefore, we can say she is not lawful to the former husband until the latter husband consummates the marriage.

However, if he divorced her without having sexual intercourse, despite having privacy, kissing or hugging, she would not be lawful to the former husband without the consummation

Another point: Whose intention is to be taken into account: the wife's, the husband's or the guardian's?

Jurists said, "Whoever has no right to breakup, his intention has no effect."

So, the husband's intention shall be regarded because he is the one who is entitled to divorce, the wife's intention has no effect.

In the case where the wife said, "I want to be divorced," and the husband answered, "No," his intention is effective.

Some scholars said, "Both the wife's and husband's intentions are to be considered."

However, it is clear that the husband's intention is effective and the marriage tie is in the husband's hands, but the wife's intention is regarded because she may try to break up by anyway.

She can annoy him. If he said to her, "Make me a cup of tea," she may make something else or she may say, "I will not make anything."

When they are in bed, she may make troubles in order to make him divorce her.

Some women challenge their husband.

She may tell him, "Are you a man?"

When he says, "Yes," then she may add, "If you are a man, divorce me."

So, he may nervously divorce her.

Also, the man may be indebted or needy, in which case she may offer her money in exchange for a divorce.

Anyway, this opinion is strong if we know the bad intention of the wife who caused troubles to be divorced in order to reunite with the former husband.

So, we shall prevent her from marrying him because she prohibitively tried to reunite with the former husband.

She is not allowed to disobey her husband or violate his rights.

Now she may be sorry for losing the latter husband.

What if the judge wisely said to her, "It is obvious that you desire to reunite with the former husband and you seek a middleman, so you are not lawful to reunite with the former husband?"

I think that she will be sorry for the latter one and try to reunite with him, at which time he would express how late her decision is.

Then she will be left hanging.

Anyway, the husband's intention is fundamentally considered and the fact that it is based on the husband's intention is strong opinion.

We said, at the time of the Prophet, Abu Bakr and the first two years of Umar's reign, that three divorces in one utterance was regarded as one divorce.

But later in Umar's reign, he said,
"Verily the people have begun to hasten in the matter in which they are required to observe respite. So if we had imposed this upon them, and he imposed it upon them."

What, is the meaning of, "They are required to observe respite"?

There is no problem if they divorce one time.

If you divorced one time, must you reunite with your wife?

No, but because of the ignorance some people, they say, " I can divorce her three times in order not to reunite."

We say that if you divorced one time, you are not obliged to reunite with her.

You can let her off until her prescribed period is finished and then you can reunite with her as Umar said, "If we had imposed this upon them."

And he imposed it upon them. This is an authentic narration that is related by Muslim.

Some scholars said, "Because the scholars believed in this point of view, it became the consensus."

Some scholars said, "Divorcing three times in one setting makes the woman irrevocably divorced."

Other scholars maintained that the consensus is in the opposite direction on the basis of Hadith of ibn 'Abbas which is related by Muslim, Ibn 'Abbas reported that the pronouncement of three divorces, during the lifetime of Allah's Messenger and that of Abu Bakr and the two years of the caliphate of Umar was treated as one.

So, there are three lifetimes: the lifetime of Allah's Messenger and that of Abu Bakr
and two years of the caliphate of Umar

They said, "If we narrated the consensus, on what basis would we base the consensus?

It is on the basis that divorcing three times in one setting is treated as one.

The preponderant opinion is that the pronouncement of divorce, whether three times or one time in one setting, is considered as one.

For instance, one may divorce his wife and then remarry.

If he remarried, his wife will return to him.

And then he divorced for the second time, he can still remarry.

If he divorced for the third time or he said to his wife, You are divorced," and then she spends the prescribed period.

Then he remarries and then divorces and then she spends the prescribed period.

Then he remarries her and then divorces her, thus the third divorce is the irrevocable one.

She said, "A man divorced his wife thrice."

The thrice divorces indicates the irrevocable one.

This Hadith indicates that if the woman is divorced thrice, she will not be lawful to the former husband, except after lawful marriage to and consummation with the latter husband.

It is important to be after the lawful marriage because the consummation with the latter husband is not allowed but after lawful marriage.

Thus, lawful marriage and consummation are necessary.

"Until the second one has tasted her sweetness."

"Sweetness" here indicates consummation.

Some scholars said it indicates ejaculation and that if he consummated without ejaculation, she would not be lawful to the former husband.

Consummation, regardless, is what is meant here, even in case of no ejaculation.

And if he had sexual intercourse with her, she would be lawful to the former one, provided that the marriage is lawful.

However, if it is a Tahlil marriage, she will not be lawful, even if there was consummation because the Tahlil marriage is invalid and ineffective.

Culled from THE BOOK OF MARRIAGE PART 1 FROM THE EXPLANATION OF BULUGH AL-MARAAM by Shaykh Muhammad bin Saalih Al Uthaymeen (may Allaah have mercy on him)

Islam no dey joke with fu-cking. Everything is regulated. Abeg hhich sex styles are approved in Islam so i will counsel Usman my neighbour. His own don too much for our yard.

5 Likes

Re: Islamic Rulings On Dealing With The Ex-wife by Alhajikd: 3:25pm On Nov 10, 2023
Amumaigwe:


Islam no dey joke with fu-cking. Everything is regulated. Abeg hhich sex styles are approved in Islam so i will counsel Usman my neighbour. His own don too much for our yard.
Hehehehe
Very true

2 Likes

Re: Islamic Rulings On Dealing With The Ex-wife by KennethEnyi(m): 3:39pm On Nov 10, 2023
Useless religion

9 Likes

Re: Islamic Rulings On Dealing With The Ex-wife by Jeilani244(m): 9:26pm On Nov 10, 2023
akinsmail51:
Hadith on a person who divorced his wife by three pronouncements and intended to remarry her.

BULUGH AL-MARAAM HADITH 1004

'Aishah reported, "A person divorced his wife by three pronouncements. Then another person married her and he also divorced her without having consummation. Then her first husband intended to remarry her. It was about such a case that Allah's Messenger was asked. Whereupon he said, 'No, until the second one has tasted her sweetness as the first one had tasted."

Related by Bukhari and Muslim, but this wording is related by Muslim.

Explanation by Shaykh Al Uthaymeen

“A person divorced his wife by three pronouncements." He meant three consecutive divorces in one utterance because this was considered one divorce in the era of the Prophet.

Wherever you come across "A person divorced his wife by three pronouncements," this indicates one divorce after another.

So, there are many narrations like (divorced her three divorces).

It was mentioned earlier that the latter husband must consummate the marriage.

So, if he made the contract, but without consummation, then divorced her, she will not be lawful to the former husband.

"Has tasted her sweetness."

Does sweetness indicate ejaculation or just having sexual intercourse?

The right opinion indicates it is just sexual intercourse.

So, she is lawful to the former husband despite the absence of ejaculation because sexual intercourse itself is enough as the Prophet said, "Sweetness."

Although, ejaculation is more assuring.

Therefore, we can say she is not lawful to the former husband until the latter husband consummates the marriage.

However, if he divorced her without having sexual intercourse, despite having privacy, kissing or hugging, she would not be lawful to the former husband without the consummation

Another point: Whose intention is to be taken into account: the wife's, the husband's or the guardian's?

Jurists said, "Whoever has no right to breakup, his intention has no effect."

So, the husband's intention shall be regarded because he is the one who is entitled to divorce, the wife's intention has no effect.

In the case where the wife said, "I want to be divorced," and the husband answered, "No," his intention is effective.

Some scholars said, "Both the wife's and husband's intentions are to be considered."

However, it is clear that the husband's intention is effective and the marriage tie is in the husband's hands, but the wife's intention is regarded because she may try to break up by anyway.

She can annoy him. If he said to her, "Make me a cup of tea," she may make something else or she may say, "I will not make anything."

When they are in bed, she may make troubles in order to make him divorce her.

Some women challenge their husband.

She may tell him, "Are you a man?"

When he says, "Yes," then she may add, "If you are a man, divorce me."

So, he may nervously divorce her.

Also, the man may be indebted or needy, in which case she may offer her money in exchange for a divorce.

Anyway, this opinion is strong if we know the bad intention of the wife who caused troubles to be divorced in order to reunite with the former husband.

So, we shall prevent her from marrying him because she prohibitively tried to reunite with the former husband.

She is not allowed to disobey her husband or violate his rights.

Now she may be sorry for losing the latter husband.

What if the judge wisely said to her, "It is obvious that you desire to reunite with the former husband and you seek a middleman, so you are not lawful to reunite with the former husband?"

I think that she will be sorry for the latter one and try to reunite with him, at which time he would express how late her decision is.

Then she will be left hanging.

Anyway, the husband's intention is fundamentally considered and the fact that it is based on the husband's intention is strong opinion.

We said, at the time of the Prophet, Abu Bakr and the first two years of Umar's reign, that three divorces in one utterance was regarded as one divorce.

But later in Umar's reign, he said,
"Verily the people have begun to hasten in the matter in which they are required to observe respite. So if we had imposed this upon them, and he imposed it upon them."

What, is the meaning of, "They are required to observe respite"?

There is no problem if they divorce one time.

If you divorced one time, must you reunite with your wife?

No, but because of the ignorance some people, they say, " I can divorce her three times in order not to reunite."

We say that if you divorced one time, you are not obliged to reunite with her.

You can let her off until her prescribed period is finished and then you can reunite with her as Umar said, "If we had imposed this upon them."

And he imposed it upon them. This is an authentic narration that is related by Muslim.

Some scholars said, "Because the scholars believed in this point of view, it became the consensus."

Some scholars said, "Divorcing three times in one setting makes the woman irrevocably divorced."

Other scholars maintained that the consensus is in the opposite direction on the basis of Hadith of ibn 'Abbas which is related by Muslim, Ibn 'Abbas reported that the pronouncement of three divorces, during the lifetime of Allah's Messenger and that of Abu Bakr and the two years of the caliphate of Umar was treated as one.

So, there are three lifetimes: the lifetime of Allah's Messenger and that of Abu Bakr
and two years of the caliphate of Umar

They said, "If we narrated the consensus, on what basis would we base the consensus?

It is on the basis that divorcing three times in one setting is treated as one.

The preponderant opinion is that the pronouncement of divorce, whether three times or one time in one setting, is considered as one.

For instance, one may divorce his wife and then remarry.

If he remarried, his wife will return to him.

And then he divorced for the second time, he can still remarry.

If he divorced for the third time or he said to his wife, You are divorced," and then she spends the prescribed period.

Then he remarries and then divorces and then she spends the prescribed period.

Then he remarries her and then divorces her, thus the third divorce is the irrevocable one.

She said, "A man divorced his wife thrice."

The thrice divorces indicates the irrevocable one.

This Hadith indicates that if the woman is divorced thrice, she will not be lawful to the former husband, except after lawful marriage to and consummation with the latter husband.

It is important to be after the lawful marriage because the consummation with the latter husband is not allowed but after lawful marriage.

Thus, lawful marriage and consummation are necessary.

"Until the second one has tasted her sweetness."

"Sweetness" here indicates consummation.

Some scholars said it indicates ejaculation and that if he consummated without ejaculation, she would not be lawful to the former husband.

Consummation, regardless, is what is meant here, even in case of no ejaculation.

And if he had sexual intercourse with her, she would be lawful to the former one, provided that the marriage is lawful.

However, if it is a Tahlil marriage, she will not be lawful, even if there was consummation because the Tahlil marriage is invalid and ineffective.

Culled from THE BOOK OF MARRIAGE PART 1 FROM THE EXPLANATION OF BULUGH AL-MARAAM by Shaykh Muhammad bin Saalih Al Uthaymeen (may Allaah have mercy on him)

Jazakallah Khairan

1 Like

Re: Islamic Rulings On Dealing With The Ex-wife by Positivist: 12:26pm On Nov 11, 2023
KennethEnyi:
Useless religion
That's your religion that has no guidelines on how to deal with matters such as this.

(1) (Reply)

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