i gave three divorces to wife in diffrent sittings,

Answered according to Hanafi Fiqh by Askimam.org

i gave three divorces to wife in diffrent sittings, under the pressure of my faimly. we love each other alot, and want to reconcile. we are thinking to do a pre planned hallala? is it possible for us. what does islam says about pre-planned hallala? can we do it? we both are from HANAFI.

Answer

Abdullah ibn Mas‘ūd رضى الله عنه narrates that Rasūlullah صلى الله عليه و سلم cursed the person who performs halālah and the person(s) for whom halālah is performed.

 

عن عبد الله بن مسعود قال لعن رسول الله -صلى الله عليه وسلم- المحل والمحلل له. قال أبو عيسى هذا حديث حسن صحيح (الترمذي ج 3 ص 428 دار إحياء التراث العربي)

 

This is a very stern warning and reproach for any who plans to perform a pre-planned halālah. It is not permissible and exceptionally reprehensible to perform a pre-planned halālah. It is extremely demeaning to the ex-wife and a means of mockery to the religion of Islām. The Sharī‘ah has implemented such rules and regulations to save the wife from an oppressive and careless husband who rampantly divorce his wife without the slightest consideration of the effects of his actions. As a means to reconsider such haste, the Sharī‘ah prohibited the wife for such a reckless husband and preconditioned that she marry another husband in lieu of going back to the first husband. However, using reprehensible tactics such as pre-planned halālah mocks the very dictates of the Sharī‘ah which was implemented to safeguard the wife and check the husband from his oppression. Nevertheless, if the couple disregard the warnings sounded in the Hadīth and the safety measures put in place from the side of the Sharī‘ah and continue to carry out the pre-planned halālah, despite the participants being exceedingly sinful, the halālah will take place. Thus, the wife can remarry the first husband after the expiry of her Iddah from the second husband.  

 

رجل تزوج امرأة ومن نيته التحليل ولم يشترطا ذلك تحل للأول بهذا ولا يكره وليست النية بشيء ولو شرطا يكره وتحل عند أبي حنيفة وزفر – رحمهما الله تعالى – كذا في الخلاصة وهو الصحيح هكذا في المضمرات (الفتاوى الهندية ج 1 ص 474 , رشيدية)

 

And Allah Ta’ala Knows Best

Ml. Yusuf bin Yaqub
Student Darul Iftaa

Checked and Approved by:
Muhammed Zakariyya Desai
Assistant Mufti  Darul Iftaa,
Madrassah In’aamiyyah
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