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(Book 28, Hadith 19) #36179
Divorce and Remarriage

SUMMARY: It is not permissible for a man to return to his wife if he had divorced her irrevocably and then another man had married her after him.

Yahya related to me from Malik that he had heard that when asked whether it was permissible for a man to return to his wife if he had divorced her irrevocably and then another man had married her after him and died before consummating the marriage, al-Qasim ibn Muhammad said, "It is not halal for the first husband to return to her". Malik said, about the muhallil, that he could not remain in the marriage until he undertook a new marriage. If he had intercourse with her in that marriage, she had her dowry.
وَحَدَّثَنِي عَنْ مَالِكٍ، أَنَّهُ بَلَغَهُ أَنَّ الْقَاسِمَ بْنَ مُحَمَّدٍ، سُئِلَ عَنْ رَجُلٍ، طَلَّقَ امْرَأَتَهُ الْبَتَّةَ ثُمَّ تَزَوَّجَهَا بَعْدَهُ رَجُلٌ آخَرُ فَمَاتَ عَنْهَا قَبْلَ أَنْ يَمَسَّهَا هَلْ يَحِلُّ لِزَوْجِهَا الأَوَّلِ أَنْ يُرَاجِعَهَا فَقَالَ الْقَاسِمُ بْنُ مُحَمَّدٍ لاَ يَحِلُّ لِزَوْجِهَا الأَوَّلِ أَنْ يُرَاجِعَهَا ‏.‏ قَالَ مَالِكٌ فِي الْمُحَلِّلِ إِنَّهُ لاَ يُقِيمُ عَلَى نِكَاحِهِ ذَلِكَ حَتَّى يَسْتَقْبِلَ نِكَاحًا جَدِيدًا فَإِنْ أَصَابَهَا فِي ذَلِكَ فَلَهَا مَهْرُهَا

TOPICS
divorce  *  remarriage  *  dowry  *  talaaq  *  nikaah  *  halal  *  muhallil  *  mahr

QUICK LESSONS:
Think carefully before taking actions like divorce or remarriage . Give financial security of women through dowries etc .

EXPLANATIONS:
This hadith discusses the issue of divorce and remarriage. According to this hadith it is not permissible for a man who has divorced his wife irrevocably to return to her if another man has married her in the meantime. The muhallil can also not remain in the marriage until he undertakes a new marriage. If he does have intercourse with her in that marriage she will receive her dowry as per usual. This shows us that Islam takes divorce seriously and encourages people who are considering it think carefully before taking such an action as it can have serious consequences on both parties involved.

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