What Is the Ruling of a Pre-Planned Halalah

CategoriesDivorce [540]

Fatwa ID:05245

                                                                                                                                                      

Answered by: Alimah Fatima Begum 

 

Question

 

I called three divorces at one sitting and now iddah is over now. I want to make Halalah. To whom I have to marry her? Can she marry my friend to make her halal for me? Is it permissible or not? Ghair Muqallideen say it is not permissible and three divorces in one sitting count as one. Is this true?

 

 

 

In the name of Allah, the Most Gracious, the Most Merciful

Answer

 

If a person pronounced three divorces at once in any way then three divorces will occur. This can be proven through the following Hadeeth: Sayyida A’isha reports that: A man pronounced three divorces to his wife. She (after her iddah) married another man. The Messenger of Allah was asked whether it was lawful for her to return to the first husband. He said: “Not until they have sexual intercourse.” (Sahih Bukhari, Hadith 5261)

 

This also establishes the concept of Halalah, about which Prophet SAW has said in another hadith: The Messenger of Allah said: “Allah curses the one who marries to make a woman Halal for her husband, and the one for whom this is done (i.e. the first husband and the woman)”
(Ahmad, Nasai, Tirmidhi).

 

Halalah is to happen by chance and not to be set up. It is important to note, if Halalah is pre-planned, the nikah will be valid, but those involved will be sinful.

 

With regards to your situation, since you gave your wife three talaqs, at the expiry of her iddah, she is free to marry whomsoever she wishes. If by chance, her new husband divorces her, you may marry her after the expiry of her second iddah.

 

 

 

Only Allah knows best

Written by Alimah Fatima Begum   

Checked and approved by Mufti Mohammed Tosir Miah     

Darul Ifta Birmingham

 

 

 

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