If the husband says “you are…” to his wife
I divorced my wife Sakina with one Irrevocable Divorce (Talaaq-e-Bain) a year ago in a big fight. At that time we thought a Talaaq-e-Rajee took place but in real it was Talaaq-e-Bain. My wife is not yet aware of this divorce she just knows that Talaaq-e- Rajee has taken place between us. It is a month ago that I my wife left in a fight and has not yet returned. I have not yet told about this Irrevocable divorce to my wife. Under some unavoidable circumstances I said following statement referring my wife Sakina a week ago.”IF I MARRY SAKINA, SHE IS DIVORCED THRICE”
In the name of Allah, the most Beneficent, the most Merciful.
In the following situation, if you were to remarry your ex- wife again three divorces will occur. (Hidayah p.385 v.2)
However, there is one situation where if you were to remarry your ex-wife again three divorces will not occur. This in fiqh terminology is called “Nikah- Fudhuli”.
Nikah –Fudhuli is where someone without the permission of the man or woman conducts the nikah with someone. If the information of the marriage reaches the man or woman and they permit the nikah either verbally or indirectly (Dalalatan) through actions then the nikah will be considered valid.
With regards to your situation, if someone without your consent re marries you with your ex wife and then later you find out about this marriage then if you give indirect permission such as you remain silent but your behaviour is permitting the marriage, the marriage will be done. As you can see from this particular procedure that you had not initiated the marriage, thus, the condition was not found hence, three divorces will not occur. (Hidayah p.322 & p.386 v.2)
Finally, the aforementioned procedure can only work if you do not make a proxy to get yourself married with your ex wife. The reason is that a marriage conducted by a proxy with your permission is exactly the same as you have personally initiated the marriage. Therefore, due to the condition being found three divorces will occur.
With regards to your follow up question, if you tell someone to make another person a proxy to marry you to you’re ex wife, then if this proxy conducts the nikah, three divorces will occur. It is similar to the ruling mentioned above. However, if you tell someone to marry you to you’re ex wife without informing him to make a proxy to do this on your behalf and he then makes someone a proxy to conduct your nikah, then three divorces will not occur.
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham