The Issue of Ḥalālah

Answered according to Hanafi Fiqh by Mathabah.org

Answered by Shaykh Omar Subedar

Question

I am writing to you from Dubai. I need information on alālah’. My husband divorced me out of anger and he now regrets divorcing me. He has issued 3 talāqs to me on 3 separate occasions, hence we are definitely divorced now. Can you please tell me how I can get back to my husband via alālah’?  Thank you, and please reply at your earliest.

Answer

We express our deepest regret over your current situation and pray that Allāh absolves you both of your difficulty.

In respect to the issue you have at hand the only islamic way you can be reunited with your former husband is when, upon completing your waiting period (`iddah) you genuinely get married to another individual and the marriage is consummated. Thereafter he divorces you or passes away and you undergo another waiting period (`iddah). It is following this waiting period that you have the option of going back to your first husband.

Allāh has stated,

And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other if they think that they can keep [within] the limits of Allāh. These are the limits of Allāh, which He makes clear to a people who know.” [Qur‘ān 2:230]

‘Ā’isha رضى الله عنها, reported, “Rifā`a Al Quraḍī’s wife came to the Prophet صلى الله عليه وسلم and explained, “I used to be with Rifā`a however he divorced me and made my divorce irrevocable. I later got married to `Abdur Raḥmān ibn Al Zubayr, however what he has with him resembles the border of a garment.” [She was accusing him of being impotent]. The Prophet صلى الله عليه وسلم asked, “Do you wish to return to Rifā`a? That is not possible until you taste his honey and he tastes your honey [i.e. your marriage with `Abdur Raḥman ibn Al Zubayr is consummated].” [Bukhārī: 2639]

As for exercising alālah, this is really not an option in our pure religion. Rather this is a repulsive act which our Prophet صلى الله عليه وسلم has heavily condemned.

‘Abdullāh ibn Mas’ūd رضى الله عنه related, “Allāh’s Messenger صلى الله عليه وسلم cursed the Muhill (a person who marries a woman who has been divorced three times with the intention of legalizing her for her former husband) and the person who [the woman] is being legalized for.” [Tirmidhī: 1120]

Once the Messenger صلى الله عليه وسلم asked his companions, “Should I not tell you [who] a borrowed billy-goat is?”. The companions replied, “Why not O Messenger of Allah صلى الله عليه وسلم.”. He replied, “He is the Muallil.  May Allāh curse the one attempting to religiously legalize [a divorced] and the man who [the woman is being] religiously legalized for.” [Ibn Mājah: 1936]

And Allāh Knows Best

 

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