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(Book 29, Hadith 77) #36293
Remarrying After Divorce

SUMMARY: A woman who has been divorced by her husband once or twice and then remarries him after being married to another man is still subject to the remaining divorce terms.

Yahya related to me from Malik that Ibn Shihab said that he had heard Said ibn al-Musayyab, Humayd ibn Abd ar-Rahman ibn Awf, Ubaydullah ibn Abdullah ibn Utba ibn Masud, and Sulayman ibn Yasarall say, that they had heard Abu Hurayra say that he had heard Umar ibn al-Khattab say, "If a woman is divorced by her husband once or twice, and he leaves her until she is free to marry and she marries another husband and he dies or divorces her, and then she marries her first husband, she is with him according to what remains of her divorce". Malik said, "That is what is done among us and there is no dispute about it".
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، أَنَّهُ قَالَ سَمِعْتُ سَعِيدَ بْنَ الْمُسَيَّبِ، وَحُمَيْدَ بْنَ عَبْدِ الرَّحْمَنِ بْنِ عَوْفٍ، وَعُبَيْدَ اللَّهِ بْنَ عَبْدِ اللَّهِ بْنِ عُتْبَةَ بْنِ مَسْعُودٍ، وَسُلَيْمَانَ بْنَ يَسَارٍ، كُلُّهُمْ يَقُولُ سَمِعْتُ أَبَا هُرَيْرَةَ، يَقُولُ سَمِعْتُ عُمَرَ بْنَ الْخَطَّابِ، يَقُولُ أَيُّمَا امْرَأَةٍ طَلَّقَهَا زَوْجُهَا تَطْلِيقَةً أَوْ تَطْلِيقَتَيْنِ ثُمَّ تَرَكَهَا حَتَّى تَحِلَّ وَتَنْكِحَ زَوْجًا غَيْرَهُ فَيَمُوتَ عَنْهَا أَوْ يُطَلِّقَهَا ثُمَّ يَنْكِحُهَا زَوْجُهَا الأَوَّلُ فَإِنَّهَا تَكُونُ عِنْدَهُ عَلَى مَا بَقِيَ مِنْ طَلاَقِهَا ‏.‏ قَالَ مَالِكٌ وَعَلَى ذَلِكَ السُّنَّةُ عِنْدَنَا الَّتِي لاَ اخْتِلاَفَ فِيهَا
TOPICS
divorce  *  marriage  *  remarrying  *  talaaq  *  nikah  *  raja

QUICK LESSONS:
Follow Islamic rulings in matters of marriage & divorce ; Respect marital contracts ; Honor agreements between spouses ; Keep promises made between spouses ; Fulfill marital obligations ; Adhere religious laws regarding marriage & divroce .

EXPLANATIONS:
This hadith discusses the Islamic ruling on a woman who has been divorced by her husband once or twice and then remarries him after being married to another man. According to this hadith, she is still subject to the remaining divorce terms. This means that if her first husband divorces her again after they have remarried each other, she will not be able to marry him again until she marries someone else and that marriage ends in either death or divorce. This ruling applies even if the couple have already consummated their marriage before they were divorced for a second time. The hadith also highlights the importance of following Islamic rulings in matters of marriage and divorce as it was practiced among Muslims at that time without any dispute about it.

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