Halalah after three divorces
I was divorced on the 27th of April. They were 3 talaaqs on a legal paper. If there is intention of reconciliation what will be the procedure?
Will I (the wife) have to go through halaala or can we reconcile within my period of iddat?
In the name of Allah, the most Beneficent, the most Merciful.
In Islam a verbal declaration of divorce is not necessary in determining the validity of a divorce. A divorce can also occur through written words and the rules are same as giving divorce verbally.
Imam Kasani (RA) has said:
“Similarly issuing a divorce verbally is not a condition. Hence divorce will be effected with clear and unambiguous writing.” (Badai-al-Sanai p.100 v.3)
If a person pronounced three divorces at once in any way then three divorces will occur. This can be proven through the following Hadeeths:
Sayyida A’isha (RA) reports that: A man pronounced three divorces to his wife. She (after her iddah) married another man. The Messenger of Allah was asked whether it was lawful for her to return to the first husband. He said: “Not until they have sexual intercourse.” (Sahih Bukhari)
Sayyiduna Hasan ibn Ali (Allah be pleased with him) said (in a long Hadith, after divorcing his wife): “Had I not heard my father (Ali) narrating from my grandfather The Prophet of Allah (Allah bless him & give him peace) say: “when a man pronounces three divorces, then his wife will no longer remain lawful for him, unless she marries another man”, I would have taken my wife back.” (Sunan Baihaqi)
With regards to your question, if the husband issued three divorces or three ambiguous divorces then it will be necessary for the wife to do halalah, only then she will be lawful for the first husband. (Fatawa Hindiyah p.469 v.1)
Allah (SWA) in the Holy Qur’an has said:
“Thereafter, if he divorces her, she shall no longer remain lawful for him unless she marries a man other than him.” (Surah Baraqah v.230)
Saaidah Aaisha Radiallahu Anha reports that; A man pronounced three divorces to his wife. She (after her iddah) married another man. The Prophet of Allah Sallallahu Alahi Wasalam was asked whether it was lawful for her to return to her first husband. He said, “Not until they have sexual intercourse.” (Sahih Bukhari)
The general misconception is that marrying another is a solution provided by Shariah in order for the husband and wife to get back together. This is not correct. The meaning of Halalah is that if the woman after being divorced and after observing her iddah (waiting period) wished to marry another man, she can do so. This second husband on his own accord divorces her after having sexual intercourse with her then after observing the iddah, she can remarry her first husband. (The Complete system of Divorce p.53)
It should be borne in mind that this is not a solution provided by the Shariah. Once three divorces are pronounced, the marriage is over and there is no getting together again.
Saaiduna Abdullah Ibn Masud Radiallahu Anhu narrates that the Prophet of Allah Sallallahu Alahi Wasalam cursed the Muhill (the one who makes halal) and the muhall lahu (for the one it is made halal.) (Sunan Tirimizi p.231 v.1)
According to the Hanafi Madhab if a woman enters into marriage with another man on the condition made verbally that he divorces her after consummating, the marriage is valid but severely disliked because of the aforementioned hadith. The woman will be free to marry the first husband.
If a person marries without placing a verbal condition but had an intention in his heart to divorce her after consummating the marriage so that she can become lawful for the first husband, this marriage will be considered permissible (Bahur Raaiq p.58 v.4, Fathul Qadir p.34 v.4 & Dars Tirmizi p.399 v.3)
The conclusion we can come to is that it will not be permissible for you to re marry your husband unless you marry another man and after consummating the marriage he divorces you. You will not be allowed to reconcile the marriage within your iddah.
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham.