Islamic Rulings On Dealing With The Ex-wife by akinsmail51: 7:53am On Nov 10, 2023 |
Hadith on a person who divorced his wife by three pronouncements and intended to remarry her.
BULUGH AL-MARAAM HADITH 1004
'Aishah reported, "A person divorced his wife by three pronouncements. Then another person married her and he also divorced her without having consummation. Then her first husband intended to remarry her. It was about such a case that Allah's Messenger was asked. Whereupon he said, 'No, until the second one has tasted her sweetness as the first one had tasted."
Related by Bukhari and Muslim, but this wording is related by Muslim.
Explanation by Shaykh Al Uthaymeen
“A person divorced his wife by three pronouncements." He meant three consecutive divorces in one utterance because this was considered one divorce in the era of the Prophet.
Wherever you come across "A person divorced his wife by three pronouncements," this indicates one divorce after another.
So, there are many narrations like (divorced her three divorces).
It was mentioned earlier that the latter husband must consummate the marriage.
So, if he made the contract, but without consummation, then divorced her, she will not be lawful to the former husband.
"Has tasted her sweetness."
Does sweetness indicate ejaculation or just having sexual intercourse?
The right opinion indicates it is just sexual intercourse.
So, she is lawful to the former husband despite the absence of ejaculation because sexual intercourse itself is enough as the Prophet said, "Sweetness."
Although, ejaculation is more assuring.
Therefore, we can say she is not lawful to the former husband until the latter husband consummates the marriage.
However, if he divorced her without having sexual intercourse, despite having privacy, kissing or hugging, she would not be lawful to the former husband without the consummation
Another point: Whose intention is to be taken into account: the wife's, the husband's or the guardian's?
Jurists said, "Whoever has no right to breakup, his intention has no effect."
So, the husband's intention shall be regarded because he is the one who is entitled to divorce, the wife's intention has no effect.
In the case where the wife said, "I want to be divorced," and the husband answered, "No," his intention is effective.
Some scholars said, "Both the wife's and husband's intentions are to be considered."
However, it is clear that the husband's intention is effective and the marriage tie is in the husband's hands, but the wife's intention is regarded because she may try to break up by anyway.
She can annoy him. If he said to her, "Make me a cup of tea," she may make something else or she may say, "I will not make anything."
When they are in bed, she may make troubles in order to make him divorce her.
Some women challenge their husband.
She may tell him, "Are you a man?"
When he says, "Yes," then she may add, "If you are a man, divorce me."
So, he may nervously divorce her.
Also, the man may be indebted or needy, in which case she may offer her money in exchange for a divorce.
Anyway, this opinion is strong if we know the bad intention of the wife who caused troubles to be divorced in order to reunite with the former husband.
So, we shall prevent her from marrying him because she prohibitively tried to reunite with the former husband.
She is not allowed to disobey her husband or violate his rights.
Now she may be sorry for losing the latter husband.
What if the judge wisely said to her, "It is obvious that you desire to reunite with the former husband and you seek a middleman, so you are not lawful to reunite with the former husband?"
I think that she will be sorry for the latter one and try to reunite with him, at which time he would express how late her decision is.
Then she will be left hanging.
Anyway, the husband's intention is fundamentally considered and the fact that it is based on the husband's intention is strong opinion.
We said, at the time of the Prophet, Abu Bakr and the first two years of Umar's reign, that three divorces in one utterance was regarded as one divorce.
But later in Umar's reign, he said, "Verily the people have begun to hasten in the matter in which they are required to observe respite. So if we had imposed this upon them, and he imposed it upon them."
What, is the meaning of, "They are required to observe respite"?
There is no problem if they divorce one time.
If you divorced one time, must you reunite with your wife?
No, but because of the ignorance some people, they say, " I can divorce her three times in order not to reunite."
We say that if you divorced one time, you are not obliged to reunite with her.
You can let her off until her prescribed period is finished and then you can reunite with her as Umar said, "If we had imposed this upon them."
And he imposed it upon them. This is an authentic narration that is related by Muslim.
Some scholars said, "Because the scholars believed in this point of view, it became the consensus."
Some scholars said, "Divorcing three times in one setting makes the woman irrevocably divorced."
Other scholars maintained that the consensus is in the opposite direction on the basis of Hadith of ibn 'Abbas which is related by Muslim, Ibn 'Abbas reported that the pronouncement of three divorces, during the lifetime of Allah's Messenger and that of Abu Bakr and the two years of the caliphate of Umar was treated as one.
So, there are three lifetimes: the lifetime of Allah's Messenger and that of Abu Bakr and two years of the caliphate of Umar
They said, "If we narrated the consensus, on what basis would we base the consensus?
It is on the basis that divorcing three times in one setting is treated as one.
The preponderant opinion is that the pronouncement of divorce, whether three times or one time in one setting, is considered as one.
For instance, one may divorce his wife and then remarry.
If he remarried, his wife will return to him.
And then he divorced for the second time, he can still remarry.
If he divorced for the third time or he said to his wife, You are divorced," and then she spends the prescribed period.
Then he remarries and then divorces and then she spends the prescribed period.
Then he remarries her and then divorces her, thus the third divorce is the irrevocable one.
She said, "A man divorced his wife thrice."
The thrice divorces indicates the irrevocable one.
This Hadith indicates that if the woman is divorced thrice, she will not be lawful to the former husband, except after lawful marriage to and consummation with the latter husband.
It is important to be after the lawful marriage because the consummation with the latter husband is not allowed but after lawful marriage.
Thus, lawful marriage and consummation are necessary.
"Until the second one has tasted her sweetness."
"Sweetness" here indicates consummation.
Some scholars said it indicates ejaculation and that if he consummated without ejaculation, she would not be lawful to the former husband.
Consummation, regardless, is what is meant here, even in case of no ejaculation.
And if he had sexual intercourse with her, she would be lawful to the former one, provided that the marriage is lawful.
However, if it is a Tahlil marriage, she will not be lawful, even if there was consummation because the Tahlil marriage is invalid and ineffective.
Culled from THE BOOK OF MARRIAGE PART 1 FROM THE EXPLANATION OF BULUGH AL-MARAAM by Shaykh Muhammad bin Saalih Al Uthaymeen (may Allaah have mercy on him) 6 Likes 2 Shares |
Re: Islamic Rulings On Dealing With The Ex-wife by adesegun121(m): 7:54am On Nov 10, 2023 |
Aliamudulilahi 4 Likes |
Re: Islamic Rulings On Dealing With The Ex-wife by Tajbol4splend(m): 2:15pm On Nov 10, 2023 |
May you not marry the wrong person 26 Likes 1 Share |
Re: Islamic Rulings On Dealing With The Ex-wife by Mccullum: 2:23pm On Nov 10, 2023 |
May Allah bless our unions. 27 Likes 1 Share |
Re: Islamic Rulings On Dealing With The Ex-wife by Abdulmumin412(m): 2:32pm On Nov 10, 2023 |
Clear 4 Likes |
Re: Islamic Rulings On Dealing With The Ex-wife by Obaofaba: 2:35pm On Nov 10, 2023 |
Masha'Allah 25 Likes 1 Share |
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Re: Islamic Rulings On Dealing With The Ex-wife by Amumaigwe: 3:20pm On Nov 10, 2023 |
akinsmail51: Hadith on a person who divorced his wife by three pronouncements and intended to remarry her.
BULUGH AL-MARAAM HADITH 1004
'Aishah reported, "A person divorced his wife by three pronouncements. Then another person married her and he also divorced her without having consummation. Then her first husband intended to remarry her. It was about such a case that Allah's Messenger was asked. Whereupon he said, 'No, until the second one has tasted her sweetness as the first one had tasted."
Related by Bukhari and Muslim, but this wording is related by Muslim.
Explanation by Shaykh Al Uthaymeen
“A person divorced his wife by three pronouncements." He meant three consecutive divorces in one utterance because this was considered one divorce in the era of the Prophet.
Wherever you come across "A person divorced his wife by three pronouncements," this indicates one divorce after another.
So, there are many narrations like (divorced her three divorces).
It was mentioned earlier that the latter husband must consummate the marriage.
So, if he made the contract, but without consummation, then divorced her, she will not be lawful to the former husband.
"Has tasted her sweetness."
Does sweetness indicate ejaculation or just having sexual intercourse?
The right opinion indicates it is just sexual intercourse.
So, she is lawful to the former husband despite the absence of ejaculation because sexual intercourse itself is enough as the Prophet said, "Sweetness."
Although, ejaculation is more assuring.
Therefore, we can say she is not lawful to the former husband until the latter husband consummates the marriage.
However, if he divorced her without having sexual intercourse, despite having privacy, kissing or hugging, she would not be lawful to the former husband without the consummation
Another point: Whose intention is to be taken into account: the wife's, the husband's or the guardian's?
Jurists said, "Whoever has no right to breakup, his intention has no effect."
So, the husband's intention shall be regarded because he is the one who is entitled to divorce, the wife's intention has no effect.
In the case where the wife said, "I want to be divorced," and the husband answered, "No," his intention is effective.
Some scholars said, "Both the wife's and husband's intentions are to be considered."
However, it is clear that the husband's intention is effective and the marriage tie is in the husband's hands, but the wife's intention is regarded because she may try to break up by anyway.
She can annoy him. If he said to her, "Make me a cup of tea," she may make something else or she may say, "I will not make anything."
When they are in bed, she may make troubles in order to make him divorce her.
Some women challenge their husband.
She may tell him, "Are you a man?"
When he says, "Yes," then she may add, "If you are a man, divorce me."
So, he may nervously divorce her.
Also, the man may be indebted or needy, in which case she may offer her money in exchange for a divorce.
Anyway, this opinion is strong if we know the bad intention of the wife who caused troubles to be divorced in order to reunite with the former husband.
So, we shall prevent her from marrying him because she prohibitively tried to reunite with the former husband.
She is not allowed to disobey her husband or violate his rights.
Now she may be sorry for losing the latter husband.
What if the judge wisely said to her, "It is obvious that you desire to reunite with the former husband and you seek a middleman, so you are not lawful to reunite with the former husband?"
I think that she will be sorry for the latter one and try to reunite with him, at which time he would express how late her decision is.
Then she will be left hanging.
Anyway, the husband's intention is fundamentally considered and the fact that it is based on the husband's intention is strong opinion.
We said, at the time of the Prophet, Abu Bakr and the first two years of Umar's reign, that three divorces in one utterance was regarded as one divorce.
But later in Umar's reign, he said, "Verily the people have begun to hasten in the matter in which they are required to observe respite. So if we had imposed this upon them, and he imposed it upon them."
What, is the meaning of, "They are required to observe respite"?
There is no problem if they divorce one time.
If you divorced one time, must you reunite with your wife?
No, but because of the ignorance some people, they say, " I can divorce her three times in order not to reunite."
We say that if you divorced one time, you are not obliged to reunite with her.
You can let her off until her prescribed period is finished and then you can reunite with her as Umar said, "If we had imposed this upon them."
And he imposed it upon them. This is an authentic narration that is related by Muslim.
Some scholars said, "Because the scholars believed in this point of view, it became the consensus."
Some scholars said, "Divorcing three times in one setting makes the woman irrevocably divorced."
Other scholars maintained that the consensus is in the opposite direction on the basis of Hadith of ibn 'Abbas which is related by Muslim, Ibn 'Abbas reported that the pronouncement of three divorces, during the lifetime of Allah's Messenger and that of Abu Bakr and the two years of the caliphate of Umar was treated as one.
So, there are three lifetimes: the lifetime of Allah's Messenger and that of Abu Bakr and two years of the caliphate of Umar
They said, "If we narrated the consensus, on what basis would we base the consensus?
It is on the basis that divorcing three times in one setting is treated as one.
The preponderant opinion is that the pronouncement of divorce, whether three times or one time in one setting, is considered as one.
For instance, one may divorce his wife and then remarry.
If he remarried, his wife will return to him.
And then he divorced for the second time, he can still remarry.
If he divorced for the third time or he said to his wife, You are divorced," and then she spends the prescribed period.
Then he remarries and then divorces and then she spends the prescribed period.
Then he remarries her and then divorces her, thus the third divorce is the irrevocable one.
She said, "A man divorced his wife thrice."
The thrice divorces indicates the irrevocable one.
This Hadith indicates that if the woman is divorced thrice, she will not be lawful to the former husband, except after lawful marriage to and consummation with the latter husband.
It is important to be after the lawful marriage because the consummation with the latter husband is not allowed but after lawful marriage.
Thus, lawful marriage and consummation are necessary.
"Until the second one has tasted her sweetness."
"Sweetness" here indicates consummation.
Some scholars said it indicates ejaculation and that if he consummated without ejaculation, she would not be lawful to the former husband.
Consummation, regardless, is what is meant here, even in case of no ejaculation.
And if he had sexual intercourse with her, she would be lawful to the former one, provided that the marriage is lawful.
However, if it is a Tahlil marriage, she will not be lawful, even if there was consummation because the Tahlil marriage is invalid and ineffective.
Culled from THE BOOK OF MARRIAGE PART 1 FROM THE EXPLANATION OF BULUGH AL-MARAAM by Shaykh Muhammad bin Saalih Al Uthaymeen (may Allaah have mercy on him) Islam no dey joke with fu-cking. Everything is regulated. Abeg hhich sex styles are approved in Islam so i will counsel Usman my neighbour. His own don too much for our yard. 11 Likes |
Re: Islamic Rulings On Dealing With The Ex-wife by Alhajikd: 3:25pm On Nov 10, 2023 |
Amumaigwe:
Islam no dey joke with fu-cking. Everything is regulated. Abeg hhich sex styles are approved in Islam so i will counsel Usman my neighbour. His own don too much for our yard. Hehehehe Very true 2 Likes |
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Re: Islamic Rulings On Dealing With The Ex-wife by Jeilani244(m): 9:26pm On Nov 10, 2023 |
akinsmail51: Hadith on a person who divorced his wife by three pronouncements and intended to remarry her.
BULUGH AL-MARAAM HADITH 1004
'Aishah reported, "A person divorced his wife by three pronouncements. Then another person married her and he also divorced her without having consummation. Then her first husband intended to remarry her. It was about such a case that Allah's Messenger was asked. Whereupon he said, 'No, until the second one has tasted her sweetness as the first one had tasted."
Related by Bukhari and Muslim, but this wording is related by Muslim.
Explanation by Shaykh Al Uthaymeen
“A person divorced his wife by three pronouncements." He meant three consecutive divorces in one utterance because this was considered one divorce in the era of the Prophet.
Wherever you come across "A person divorced his wife by three pronouncements," this indicates one divorce after another.
So, there are many narrations like (divorced her three divorces).
It was mentioned earlier that the latter husband must consummate the marriage.
So, if he made the contract, but without consummation, then divorced her, she will not be lawful to the former husband.
"Has tasted her sweetness."
Does sweetness indicate ejaculation or just having sexual intercourse?
The right opinion indicates it is just sexual intercourse.
So, she is lawful to the former husband despite the absence of ejaculation because sexual intercourse itself is enough as the Prophet said, "Sweetness."
Although, ejaculation is more assuring.
Therefore, we can say she is not lawful to the former husband until the latter husband consummates the marriage.
However, if he divorced her without having sexual intercourse, despite having privacy, kissing or hugging, she would not be lawful to the former husband without the consummation
Another point: Whose intention is to be taken into account: the wife's, the husband's or the guardian's?
Jurists said, "Whoever has no right to breakup, his intention has no effect."
So, the husband's intention shall be regarded because he is the one who is entitled to divorce, the wife's intention has no effect.
In the case where the wife said, "I want to be divorced," and the husband answered, "No," his intention is effective.
Some scholars said, "Both the wife's and husband's intentions are to be considered."
However, it is clear that the husband's intention is effective and the marriage tie is in the husband's hands, but the wife's intention is regarded because she may try to break up by anyway.
She can annoy him. If he said to her, "Make me a cup of tea," she may make something else or she may say, "I will not make anything."
When they are in bed, she may make troubles in order to make him divorce her.
Some women challenge their husband.
She may tell him, "Are you a man?"
When he says, "Yes," then she may add, "If you are a man, divorce me."
So, he may nervously divorce her.
Also, the man may be indebted or needy, in which case she may offer her money in exchange for a divorce.
Anyway, this opinion is strong if we know the bad intention of the wife who caused troubles to be divorced in order to reunite with the former husband.
So, we shall prevent her from marrying him because she prohibitively tried to reunite with the former husband.
She is not allowed to disobey her husband or violate his rights.
Now she may be sorry for losing the latter husband.
What if the judge wisely said to her, "It is obvious that you desire to reunite with the former husband and you seek a middleman, so you are not lawful to reunite with the former husband?"
I think that she will be sorry for the latter one and try to reunite with him, at which time he would express how late her decision is.
Then she will be left hanging.
Anyway, the husband's intention is fundamentally considered and the fact that it is based on the husband's intention is strong opinion.
We said, at the time of the Prophet, Abu Bakr and the first two years of Umar's reign, that three divorces in one utterance was regarded as one divorce.
But later in Umar's reign, he said, "Verily the people have begun to hasten in the matter in which they are required to observe respite. So if we had imposed this upon them, and he imposed it upon them."
What, is the meaning of, "They are required to observe respite"?
There is no problem if they divorce one time.
If you divorced one time, must you reunite with your wife?
No, but because of the ignorance some people, they say, " I can divorce her three times in order not to reunite."
We say that if you divorced one time, you are not obliged to reunite with her.
You can let her off until her prescribed period is finished and then you can reunite with her as Umar said, "If we had imposed this upon them."
And he imposed it upon them. This is an authentic narration that is related by Muslim.
Some scholars said, "Because the scholars believed in this point of view, it became the consensus."
Some scholars said, "Divorcing three times in one setting makes the woman irrevocably divorced."
Other scholars maintained that the consensus is in the opposite direction on the basis of Hadith of ibn 'Abbas which is related by Muslim, Ibn 'Abbas reported that the pronouncement of three divorces, during the lifetime of Allah's Messenger and that of Abu Bakr and the two years of the caliphate of Umar was treated as one.
So, there are three lifetimes: the lifetime of Allah's Messenger and that of Abu Bakr and two years of the caliphate of Umar
They said, "If we narrated the consensus, on what basis would we base the consensus?
It is on the basis that divorcing three times in one setting is treated as one.
The preponderant opinion is that the pronouncement of divorce, whether three times or one time in one setting, is considered as one.
For instance, one may divorce his wife and then remarry.
If he remarried, his wife will return to him.
And then he divorced for the second time, he can still remarry.
If he divorced for the third time or he said to his wife, You are divorced," and then she spends the prescribed period.
Then he remarries and then divorces and then she spends the prescribed period.
Then he remarries her and then divorces her, thus the third divorce is the irrevocable one.
She said, "A man divorced his wife thrice."
The thrice divorces indicates the irrevocable one.
This Hadith indicates that if the woman is divorced thrice, she will not be lawful to the former husband, except after lawful marriage to and consummation with the latter husband.
It is important to be after the lawful marriage because the consummation with the latter husband is not allowed but after lawful marriage.
Thus, lawful marriage and consummation are necessary.
"Until the second one has tasted her sweetness."
"Sweetness" here indicates consummation.
Some scholars said it indicates ejaculation and that if he consummated without ejaculation, she would not be lawful to the former husband.
Consummation, regardless, is what is meant here, even in case of no ejaculation.
And if he had sexual intercourse with her, she would be lawful to the former one, provided that the marriage is lawful.
However, if it is a Tahlil marriage, she will not be lawful, even if there was consummation because the Tahlil marriage is invalid and ineffective.
Culled from THE BOOK OF MARRIAGE PART 1 FROM THE EXPLANATION OF BULUGH AL-MARAAM by Shaykh Muhammad bin Saalih Al Uthaymeen (may Allaah have mercy on him) Jazakallah Khairan 2 Likes |
Re: Islamic Rulings On Dealing With The Ex-wife by Positivist: 12:26pm On Nov 11, 2023 |
KennethEnyi: Useless religion That's your religion that has no guidelines on how to deal with matters such as this. 6 Likes 2 Shares |
Re: Islamic Rulings On Dealing With The Ex-wife by ZekeYeager: 11:29am On May 03 |
Na wa o. Could this be the reason why overpopulation and silent HIV epidemic is killing the north? They really believe that if you say a dua (prayer) then nothing bad can happen to you during sexual intercourse This Religion and lack of intelligence sha. 7 Likes 1 Share |
Re: Islamic Rulings On Dealing With The Ex-wife by Praktikals1000: 12:18pm On May 03 |
Muslims believe that when they die, Each of them will have 72 virgins and they ll be having sex throughout the day because their joystick will never tire. Lol 3 Likes |
Re: Islamic Rulings On Dealing With The Ex-wife by Ajibbbbbb: 12:27pm On May 03 |
Jàzaka Allahu khairan |
Re: Islamic Rulings On Dealing With The Ex-wife by Eifour(m): 1:05pm On May 03 |
JazakaLohu Khoir |
Re: Islamic Rulings On Dealing With The Ex-wife by jahsharon: 2:23pm On May 03 |
I tire for una 1 Like |
Re: Islamic Rulings On Dealing With The Ex-wife by jahsharon: 2:25pm On May 03 |
Praktikals1000: Muslims believe that when they die, Each of them will have 72 virgins and they ll be having sex throughout the day because their joystick will never tire. Lol Whatever you just started smoking, stop it before it stops you 2 Likes |
Re: Islamic Rulings On Dealing With The Ex-wife by jahsharon: 2:28pm On May 03 |
ZekeYeager: Na wa o. Could this be the reason why overpopulation and silent HIV epidemic is killing the north? They really believe that if you say a dua (prayer) then nothing bad can happen to you during sexual intercourse
This Religion and lack of intelligence sha. Akwa-Ibom and Benue are declared AIDS disaster zones by the Federal Government of Nigeria in conjunction with Red Cross and Works Health Organization. Both states mentioned above are Christian states. Can you see that you need psychiatric evaluation? You think your Religion has intelligence, yet a Professor will go and give 10% of his salary to a primary school dropout who calls himself Man of God. One Yahoo Boy on the Pulpit recently said your Offerings should be 20%, this means that the thief wants to be collecting 30% of your monthly salary every month. Yet when intelligent people are talking idiots and nincompoops too will put mouth 7 Likes 1 Share |
Re: Islamic Rulings On Dealing With The Ex-wife by Cmanforall: 8:10pm On May 03 |
Tajbol4splend: May you not marry the wrong person JESUS is the KING OF KINGS!!! |
Re: Islamic Rulings On Dealing With The Ex-wife by ZekeYeager: 2:54pm On May 06 |
Firstly, I said "silent" AIDS epidemic This is actually a well known fact that AIDS is a major killer in places like Kano, Kaduna, Nasarrawa and Gombe. The reason why diagnosis is not well known is because illiteracy makes them seek cure from Marabouts instead of medical doctors. Do your research before you heap further embarrassment on your religion. Secondly, speaking of your religion, I will never understand the MUDSLIME obsession with Christian tithing. I guess you are pissed because we no longer give you miserable beggars money I understand. I would be angry too if I were a MUDSLIME and I could no longer depend on Christians to feed my family. We will continue to pay our tithes than give any of our money to you wretched, poverty infected, street beggars who breed more than female pig in heat. Those of you who are running away to the South had better start thinking of relocating back to your landlocked desert because in the nearest future, there won't be a common Nigerian identity for you to exploit in the name of freedom of movement. Useless, low IQ followers of a useless criminal "prophet" Sex Award Winner (SAW) jahsharon:
Akwa-Ibom and Benue are declared AIDS disaster zones by the Federal Government of Nigeria in conjunction with Red Cross and Works Health Organization.
Both states mentioned above are Christian states. Can you see that you need psychiatric evaluation?
You think your Religion has intelligence, yet a Professor will go and give 10% of his salary to a primary school dropout who calls himself Man of God. One Yahoo Boy on the Pulpit recently said your Offerings should be 20%, this means that the thief wants to be collecting 30% of your monthly salary every month. Yet when intelligent people are talking idiots and nincompoops too will put mouth |