In the prophet's time, divorce uttered a as many times in a single sitting would only be counted as one divorce. There was no concept of doing it all in one go, as in, it was not possible. This was done later after authorization from one of the caliphs at that time, I forget which one. He authorized it as a deterrent because men were taking it too easy and divorcing their wives to teach them a lesson or get them in line, but not for actually divorcing them. They were claiming that they did it in anger and it didn't count or whatever and also saying it thrice to threaten them that they r actually done with their wives (knowing that later they would take it back and claim anger or something else). So it's for that reason the caliph said that no matter what ur divorce will count and if u do it thrice then it's final. It was so that theyd take it seriously and not make a mockery out of it.
I was discussing it with my husband and he said that Ahl-e-Hadith ppl still follow the old method that one sitting means one divorce and that each time u do go thru the 3 month period in the husbands house and at any time u can get back together again. So even if he said it 3 or 10 times in one go it would be one divorce. I think this makes more sense to me then going the crazy halala way. I mean if u want to find loopholes or whatever then go for this looPhole k oh I believe this (which could even be right). A better way then doing a crazy halala which is clearly forbidden.
The analogy between nikah qabooliat and talaq is so ridiculous. They are two entirely different things, actions. If we look at ahadees regarding divorce then three divorces in one sitting seem valid.
Secondly, the term halalah or that concept does not exist in islam. Islam tells the condition when she becomes halal for the first husband, in case he divorced her thrice. Nowhere does it tell to go and perform nikah for the sake returning back. And there is this hadees about halalah that many might be familiar with
Sunan of Abu-Dawood Hadith 2071 Narrated by Ali ibn AbuTalib
The Prophet (saws) said: ‘The Curse of Allah be upon the one who marries a divorced woman with the intention of making her lawful for her former husband, and upon the one for whom she is made lawful!’
And the lol-ing in the posts is beyond me. Isn't it a serious situation of someone's life. And she under no circumstances is obligated to return back to the ex. And if she begging the second husband to not leave her is due to some financial reasons, is there something you think could be done about that?
Maybe or maybe not, Madz. I remember my cousin was once watching a religious program that was discussing the validity of premeditated halalas. So, this issue must happen or CAN happen if it was being discussed. Reminds me of a drama called Yeh Zindagi with Mahnoor Baloch and Nouman Ejaz. He had divorced her and pushed her to marry a man named Seerat and then duvorce him so she could remarry Nouman. The diff b/w this story and the drama is that Seerat had not wish to divorce her. These cases must not happen often...but as the saying goes...art imitates life.
This is so complicated, but I have heard so many weird things that this could be entirely possible. I am not a religious scholar but I believe people don't quite get concept of halala, its not by choice, its by circumstances. Once a man divorce a woman , they cannot remarry only except in a situation if the woman had been married again, had a married life got divorce again for some reason , then only she can marry the first husband. Its like a lot of other things in Islam that the law has changed by people for convenience more than anything else .
Anyhow I feel bad for the woman because at any cost its her loss, if she stays with the current husband or go back to first one.
The woman must have agreed to go into the halala situation in order to get back to the first husband. so she agreed o marry the second husband with a purpose of remarrying the first husband. she must have agreed to this for some reason. then where has that reason gone now that now she doesn't want to remarry the first husband and wants to stay with the second one?
i don't know if halal is legitimate or not under Islam, but the foremost question is that if she has agreed to this deal and now backing out then raise questions on her ethics as well. she cant really love someone by just spending two weeks with the person, to the level where she is literally begging him to keep her.
i think she must have seen more benefits coming out from this marriage than the benefits of going back to previous marriage and thus changed her mind. however, this is unfair to her current husband as he clearly doesn't want to remain married to her and has done this to help out his friend and i don't think that mufti is correct about saying that it will be a grave sin if he divorces her because all three of them were very much clear on this outcome and have agreed to all this.
By the way why the deal was made that they spent 3 weeks together and then divorce? did you ask them if this was some condition told to them by some mufti or what? what was the rationale behind this duration?
and is this necessary to consummate the marriage for halala, can one simple not do nikkah and divorce without actually consummating the marriage if it is done for halala?
By the way why the deal was made that they spent 3 weeks together and then divorce? did you ask them if this was some condition told to them by some mufti or what? what was the rationale behind this duration?
and is this necessary to consummate the marriage for halala, can one simple not do nikkah and divorce without actually consummating the marriage if it is done for halala?
I've heard consummation is necessary...which is one of the reasons why it's such a big deal and should make people think carefully about divorce because reconciliation comes with strong conditions.
I just now read that Hanafi sect allows halal with the intent to divorce after consummation a d return to the ex husband....whereas Shafi sect doesn't consider such a marriage to even be valid. Also, a Tirmidhi hadith states that Rasool SAWS has cursed the one who marries a woman to make her halal for someone else and the one for whom it is done; indicating its prohibition.
The latter view makes more sense to me than the former.
Where was new husband ghairaat at the time of consummate??? Now he want to leave her becoz he has used her. I hate such category.
Making fun of Islam.
There is no such thing "planned halala", whatever the sect it is. and this situation is a sin , since it was planned to perform that way.
I dunno. But sex is more emotional for women than it is for men. It's not necessary for guys to be in love with a woman they have sex with. They can isolate their emotions. So maybe she has developed an attachment to this guy........OR......maybe she's trying to hurt her ex husband by going back on the deal. Maybe she wants to pay him back for hurting her in the past.
Another thought that came to mind is that maybe she realized that it would generate more gossip within the community if she got a second divorce.......so she wants to stay with the current "husband" to avoid that badnami.
If marrying someone with the deliberate intention to divorce makes the union invalid or illegitimate.......then that means the sexual relations between them will also be rendered invalid.....so basically zina. They have done more than just "fool" Allah; they've committed zina. Have these three people thought of this at all? Maybe you need to bring this to her attention, Hassan, so she can think more seriously about this.
She is attached to this guy because of his personality and she liked him as a friend. Also, she is backing down is because she is angry at her ex-husband to utter divorces and making him pay for it. The new mufti which they contact has said that all three have committed grave sin and should ask Allah for forgiveness. As for divorce, mufti is discouraging new husband to divorce her to further.
The woman must have agreed to go into the halala situation in order to get back to the first husband. so she agreed o marry the second husband with a purpose of remarrying the first husband. she must have agreed to this for some reason. then where has that reason gone now that now she doesn't want to remarry the first husband and wants to stay with the second one?
** i don't know if halal is legitimate or not under Islam, but the foremost question is that if she has agreed to this deal and now backing out then raise questions on her ethics as well. she cant really love someone by just spending two weeks with the person, to the level where she is literally begging him to keep her. **
i think she must have seen more benefits coming out from this marriage than the benefits of going back to previous marriage and thus changed her mind. however, this is unfair to her current husband as he clearly doesn't want to remain married to her and has done this to help out his friend and i don't think that mufti is correct about saying that it will be a grave sin if he divorces her because all three of them were very much clear on this outcome and have agreed to all this.
This is what we have been saying it too that how can you love someone in two weeks?. Mufti is discouraging new husband to divorce her.
May Allah straight all her affairs and guide the guy for this situation Ameen
new husband and obviously her husband should start new life with her that might be the kaffara for the sin(halala) and Allah will create love for her inshaAllah
^But according to new mufti. The divorce in one seating is considered one divorce. Not three. She could have gone back to her husband. But her ex-husband was from another fiqh.
@bsb. You're right. But it is not new husband's fault. He really didn't want to do this. But did it for his friend because ex husband couldn't trust anyone.
why on earth would he consummate the "marriage" if he had no intention on staying with her?!
Okay , so now as RV mentioned that she has found out that Hanafi fikh does permit halala then none of the three has gone under any sin by doing this. also as the finding is that consummation is mandatory in order for the halala to be valid, it makes all sense that halala must be permissible otherwise there is no question of putting any condition if the thing is haram to begin with.
also people who are saying that doing halala means that a woman is being used just to get laid, no i dont think so halala portrays this.
halala is made permissible and is given a chance by the Almighty to couples to reconcile if they want to and if they regret their decision of divorce. and a woman has all the right to either enter into the halala or deny it. and if a woman has the right to deny but she hasn't denied it and agreed to do halala then we cant say that she was just used by these men.
also, i just dont agree with the mufti that they have performed the sin, even if in his view they have performed the sin of zina then why is he advocating the new husband that he would do a grave sin if he divorces the wife? i mean does it make sense, if going by the mufti view, the marriage with the intention to divorce is not considered marriage then where does the question of divorcing the wife or not divorcing the wife comes and where does his advice of not divorcing her is coming from ???
Oh man! A sincere friend would neva do anything like to his own friend by marrying his ex-wife this way...So this friend who married a girl is at fault too. God forbid if i were to do anything like that my gharv wallay would literally tikka boti me..and make out a living example. This friend is brave that he did this...he will have to face ghar wallay some day...
Friend who marry this girl is at fault too?? not really.
i would say this friend must be too close and sincere that he has gone the extra mile to help out his friend and married his ex-wife so the friend could reconcile with the wife. this friend must have been requested by the ex husband to help him out and this friend helped. a friend in need is a friend in deed. in my view he is a prime example of true friendship because
a: he has agreed to help and put himself in trouble
b: he has not backed out on his word and wants to leave the woman as per commitment. if he had any other intention he would not telling the woman that he doesn't want to live with her.
c: he really hasn't done any sin as what ever he has done was the condition for halala.
^A friend that would sleep with his friend’s ex-wife? Oh, how self-sacrificing of him…
I agree with your first post (before this one) but, please, let’s not make the friend out to be some sort of martyr for aiding his friend by sleeping with the friend’s ex-wife (as part of the friend’s plan).
