Is it islamically permissible for the three parties to agree that the wife marries the other man, has sex with him, then he divorces her so she can go back to the first husband? Is it permissible to come to an agreement with another man concerning a divorced wife, with the wife also consenting to such an agreement?
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
If a husband issues three divorces to his wife be it in one sitting or in different sittings, it will be termed as talaaq mughallazah i.e. a permanently irrevocable divorce. The man and woman are haraam upon each other. If they wish to reconcile, the wife will have to undergo a halalah procedure.
Halalah is when the divorcee spends her iddat of divorce after which she marries another person. The new marriage is then consummated. The second husband then divorces his wife or passes away. The woman then waits for her iddat to finish after which she may re-marry the first husband if she wishes to.
This procedure should be coincidental, not planned. For example, a husband and wife split up and they wish to reconcile but they cannot because an irrevocable talaaq has been issued. Upon learning about this, a third person decides to help reconcile the marriage. So he marries the divorcee, consummates the relationship and divorces her. All this happens without him divulging his intention to anyone else. This will be permissible.
However, for the parties to plan such a procedure is impermissible. Rasulullah sallallahu alaihi wasallam has said:
عَنْ أَبِي هُرَيْرَةَ، رَضِيَ اللَّهُ عَنْهُ قَالَ: قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: لَعَنْ اللَّهُ الْمُحَلِّلَ وَالْمُحَلَّلَ لَهُ[1]
Abu Hurairah radhiallahu anhu narrates that Rasulullah sallallahu alaihi wasallam said: “May Allah curse the one who does halalah and the one for whom it is done.”
However, if such an agreement has been made and the woman has married the second man, the marriage will be valid but the condition of the new husband issuing divorce will be void. This means that second husband is under no obligation to divorce his wife. [2] [3] [4]
And Allah Ta’āla Knows Best
Mawlana Saanwal ibn Muhammad,
UK
Student Darul Iftaa
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net