Nasai

(1) The researcher of the book has declared the mentioned hadith weak in terms of its chain of narration, further writing that the narration of Bukhari and Muslim suffices in this regard, from which it is understood that, according to the researcher of the book as well, this hadith is authoritative. Moreover, other researchers have also declared it authentic.

(2) A woman who has been given three divorces (talaq) becomes permanently unlawful (haram) for that husband, except if she marries another man and they live together as husband and wife, have intercourse, etc., and then if they are unable to continue together and the second husband, of his own will, divorces her, then after completing her waiting period (‘iddah), she may marry her first husband. However, if the second husband divorces her without intercourse, she will not become lawful (halal) for her first husband. It should be noted that there must be no “scheme” in this entire process, i.e., the second marriage should not be with the intention of making her lawful for the first husband; otherwise, the marriage will not be valid, but rather “zina” (fornication/adultery), and she will not become lawful for the first husband. In an authentic hadith, a curse has been pronounced upon those involved in this “scheme” (those who perform and arrange halalah). (For further details, see Hadith: 3238)

Hadith Commentary: Explanation:
That is, until proper penetration occurs.
From this, it is established that the mere entry of the glans into the vagina is sufficient for the act of making the woman lawful (tahlil).
Imam Hasan al-Basri (rahimahullah) has also stipulated the condition of ejaculation.
By presenting this hadith, Imam al-Bukhari (rahimahullah) has proven that the ruling regarding a woman is not like that of food and drink.
Rather, she is truly lawful or unlawful, as in this hadith it is stated that she cannot become lawful for the first husband.

Hadith Commentary:
(1)
The relevance of this hadith to the chapter heading is as follows: The Messenger of Allah (sallallahu alayhi wa sallam) said to this woman, "Your husband has given you three divorces (talaq), therefore you are not lawful for him." Here, after three divorces, you (sallallahu alayhi wa sallam) declared the woman unlawful (haram) for the man. However, this prohibition is not like the prohibition of food, because declaring food unlawful is not within the servant’s authority; that is solely within Allah’s authority. But declaring a woman unlawful (haram) is within the servant’s authority, because he possesses the right of divorce (talaq) over her. In any case, it appears that Imam Bukhari rahimahullah inclines towards the opinion of Hasan al-Basri. And Allah knows best.

Hadith Commentary:
Your marriage with the first husband will not be valid.

Hadith Commentary:
(1)
This heading and the presented hadith have no connection with li'an, because in the case of li'an, even if the woman marries another husband, she can never remarry her first husband, even if the second husband has consummated the marriage with her.

(2)
This hadith clarifies a Qur'anic verse. Allah, the Exalted, says:
“Then if the husband divorces her (for the third time), she is not lawful for him thereafter until she marries another man.” ()
From the above hadith, it is understood that in the noble verse, “marriage” refers to consummation (sexual intercourse). Without this, she will not be lawful for her first husband.
A similar incident happened with Rifa‘ah al-Qurazi as well. He divorced his wife, and she married ‘Abdur-Rahman bin Zubayr radi Allahu anhu. He divorced her before consummating the marriage, so she expressed the desire to remarry her first husband.
The Messenger of Allah sallallahu alayhi wa sallam said:
“It cannot be so until consummation (sexual intercourse) takes place.” ( al-Baqarah: 230)

Hadith Commentary:
The current prevalent form of halalah is absolutely forbidden (haram), and the Prophet sallallahu alayhi wa sallam has invoked curse (la'nah) upon those who perform it and those who facilitate it.

Hadith Commentary:
(1)
This hadith also does not prove that he gave three divorces (talaq) at once; rather, what is immediately understood is that he gave three divorces at intervals, because giving three divorces all at once only results in a single revocable divorce (talaq raj‘i), as will be established later.

(2)
Imam Bukhari rahimahullah has established from this hadith that there is no legal objection in Shari‘ah to three divorces that result in major separation (baynuna kubra), although it is better to give one divorce and leave her until she completes her waiting period (‘iddah). However, the prescribed number of divorces can be completed at intervals.

The issue of three divorces: The issue of divorce is extremely delicate, but we are very negligent in this matter. Whenever discord in the home escalates to a serious situation, we, in anger, immediately say “divorce, divorce, divorce,” or write three divorces on a single paper and make her unlawful (haram) for ourselves. Then, when we come to our senses, we begin to wander from door to door in distress.

Some scholars say that three divorces given at once are all effective, and the wife becomes permanently unlawful for the one who divorced her. Then, to make her lawful for him again, the infamous, shameless, and disgraceful practice of halalah is suggested, which is not only shameless and immodest, but also gives the opponents of Islam an opportunity to attack Islam under the guise of such faith-destroying actions.

If we reflect, the one who should undergo halalah is the one who committed this act (i.e., the husband who gave the divorces), but in our society, the woman is made a target, and her honor and dignity are stained. Whereas, in the hadith, both the one who performs halalah and the one for whom it is performed are called accursed.

(Sunan Abi Dawud, Kitab al-Nikah, Hadith: 2076)

And the Messenger of Allah sallallahu alayhi wa sallam called the one who performs halalah a “rented stud.”

(Sunan Ibn Majah, Kitab al-Nikah, Hadith: 1936)

Umar radi Allahu anhu ordered that both the one who performs halalah and the one for whom it is performed should be given the punishment for adultery (zina).

(Al-Sunan al-Kubra lil-Bayhaqi: 7/337)

Sometimes, this helpless but honorable woman takes revenge for this oppression and excess from the one who divorced her and her relatives by, overnight, settling with the one who performed halalah, and this new couple makes a pact and establishes their marriage permanently. In this way, all the hopes of the one who sought halalah are dashed. Such incidents are frequently published in newspapers and magazines.

In any case, giving three divorces at once is like an arrow that, once shot, cannot be retrieved. According to the Book and Sunnah, three divorces given in one sitting are counted as a single revocable divorce (talaq raj‘i), provided it is the first or second instance of divorce. Now, during the waiting period (‘iddah), the husband has the right to take her back without a new marriage contract, and even after the waiting period, he can remarry her with a new marriage contract.

The four conditions for this new marriage are as follows:
* The woman’s guardian gives permission.
* The woman herself is willing to live with the one who divorced her.
* The dower (mahr) is stipulated anew.
* Witnesses are present.

Although giving divorce in this manner is extremely disliked in Islam, as in the blessed era of the Messenger of Allah sallallahu alayhi wa sallam, a man gave his wife three divorces at once. When the Prophet sallallahu alayhi wa sallam learned of this, he stood up in anger and said:

“You have begun to play with the commands of Allah during my lifetime!”

Seeing his anger, a man said:

“O Messenger of Allah! Allow me to kill him.”

(Sunan al-Nasa’i, Kitab al-Talaq, Hadith: 3430)

The evidences for such a divorce being revocable (raj‘i) are as follows:
* Ibn Abbas radi Allahu anhuma narrates that during the blessed era of the Messenger of Allah sallallahu alayhi wa sallam, the caliphate of Abu Bakr radi Allahu anhu, and the first two years of Umar radi Allahu anhu’s rule, three divorces given in one sitting were counted as only one. After that, when people began to misuse this concession, Umar radi Allahu anhu, as a disciplinary measure, ordered that three divorces be enforced as three.

(Sahih Muslim, Kitab al-Talaq, Hadith: 3673 (1472))

It should be noted that Umar radi Allahu anhu’s action was disciplinary (ta‘ziri), because in the later part of his life, he used to express regret over this decision, as Hafiz Ibn Qayyim has written with reference to the work of the hadith scholar Abu Bakr Isma‘ili, Musnad ‘Umar.

(Ighathat al-Lahfan: 1/336)

* Rukanah bin ‘Abd Yazid radi Allahu anhu divorced his wife. Afterwards, he felt great sorrow at their separation. When the matter reached the Messenger of Allah sallallahu alayhi wa sallam, he called him and asked:

“How did you divorce her?” He replied:

“I gave her three divorces in one sitting.”

The Messenger of Allah sallallahu alayhi wa sallam said:

“This is only one revocable divorce; if you wish, you may take her back.”

So he took her back and reestablished his home.

(Musnad Ahmad: 1/265)

Hafiz Ibn Hajar rahimahullah writes regarding this hadith that it is a decisive, unequivocal text (nas qat‘i) on the issue of triple divorce, for which there can be no other interpretation.

(Fath al-Bari: 9/450)

This is the ruling of the Qur’an and Sunnah: that three divorces given at once count as a single revocable divorce. Besides this, the current family laws in our country and in other Islamic countries also issue this fatwa.

Wallahu al-musta‘an. It should be clear that the claim of consensus (ijma‘) on counting three divorces in one sitting as three is baseless. In the scholarly world, it has no standing, because regarding triple divorce, the following four types of groups exist:

* The first group, considering the Sunnah of the Prophet as always applicable, regards Umar radi Allahu anhu’s decision as temporary and disciplinary. According to them, three divorces in one sitting count as a single revocable divorce, as we have previously established from the Book and Sunnah.
* The second group says that Umar radi Allahu anhu’s decision is indeed permanent. According to them, three divorces given in one sitting are all effective. Then, they point to the infamous practice of halalah.
* According to the third group, three divorces given in this manner are invalid and against the Sunnah; therefore, only one will occur. For them, such an act is an innovation (bid‘ah), and every innovation is to be rejected.
* There are also a few people who believe that if three divorces are given to a woman who has not been consummated with (non-madkhulah), only one will count, but if given to a consummated wife (madkhulah), all three will be effective.

Reflect: how can a matter in which there is so much disagreement, with four groups existing, be declared a consensus? According to our inclination, giving three divorces in one sitting is a remnant of the Age of Ignorance (Jahiliyyah) that returned after the death of the Messenger of Allah sallallahu alayhi wa sallam. Its door should be firmly closed, and those who commit it should be given corporal punishment, so that the encouragement of filthy and worst practices like halalah is discouraged.

Wallahu a‘lam.

Hadith Commentary:
(1)
The meaning of "fabat talaqi" is that he has completely severed his relationship with me through divorce. Some individuals have inferred from this that he gave me three divorces (talaq) all at once, but this understanding is contrary to the position of Imam Bukhari rahimahullah.

(2)
Imam Bukhari rahimahullah has established from this hadith that giving three divorces (talaq) is permissible, and there is no objection to major separation (baynunat kubra) as occurs after the third divorce. Hazrat Rifa‘ah radi Allahu anhu also gave his wife three divorces at intervals, and this was the final divorce through which their relationship was terminated. Indeed, in one narration, this is explicitly stated. The woman said: He has given me the last of the three divorces as well. (Sahih al-Bukhari, al-Adab, Hadith: 6084) Hafiz Ibn Hajar rahimahullah has written that the aforementioned verse supports the fact that Hazrat Rifa‘ah radi Allahu anhu gave his wife three divorces at intervals. (Fath al-Bari: 9/455)

Chapter of Sahih Bukhari Hadith No: 2639: «بَابُ شَهَادَةِ الْمُخْتَبِي:» Relevance between the Chapter and the Hadith:
Imam Bukhari rahimahullah, in the chapter heading, has deemed it permissible to make someone a witness secretly, and the hadith he has narrated contains agreement with the chapter heading.

Hafiz Ibn Hajar rahimahullah says:
«والغرض منه إنكار خالد بن سعيد على أمرأة رفاعة ما كانت تكلم به عند النبى صلى الله عليه وسلم مع كونه محجوبًا عنها خارج الباب، ولم ينكر النبى صلى الله عليه وسلم عليه ذالك» [فتح الباري، ج 6، ص: 212]
“That is, the relevance between the chapter heading and the hadith is that Sayyiduna Khalid radi Allahu anhu was outside the door, not in front of the woman, despite which Sayyiduna Khalid radi Allahu anhu attributed a statement to this woman, and the Prophet sallallahu alayhi wa sallam did not object to Sayyiduna Khalid radi Allahu anhu giving testimony secretly on his own.”

Allamah Ayni rahimahullah says:
“The relevance of the hadith to the chapter heading is in the statement of Sayyiduna Khalid radi Allahu anhu, in that Sayyiduna Khalid radi Allahu anhu objected to the way the woman was speaking to the Prophet sallallahu alayhi wa sallam, and the Prophet sallallahu alayhi wa sallam did not stop him from this testimony, and Sayyiduna Khalid radi Allahu anhu’s objection was due to her voice which he was hearing. Therefore, Sayyiduna Khalid radi Allahu anhu gave testimony about this woman secretly on his own.” [عمدة القاري، ج 13، ص: 693]

Allamah Abdul Haq al-Hashimi al-Hindi rahimahullah says:
“The relevance to the hadith of Umm al-Mu’minin Aisha radi Allahu anha is that Sayyiduna Khalid radi Allahu anhu objected to the woman who was speaking to the Prophet sallallahu alayhi wa sallam, and at that time Sayyiduna Khalid radi Allahu anhu was behind the door (and regarding his testimony) the Prophet sallallahu alayhi wa sallam did not object, so Sayyiduna Khalid radi Allahu anhu relied upon the woman’s voice to the extent that he objected to her (action).” [لب اللباب فى تراجم والأبواب، ج 3، ص: 344]

Some scholars have rejected «شهادة المختبئ».
Ibn al-Mulaqqin rahimahullah writes:
«فاختلف العلماء فى شهادة المختبئ، فروي عن شريح والشعبي [عبدالرزاق: 355/8، و ابن أبى شيبة: 432/4]
والنخعي أنهم كانوا لا يجيزونها وقالوا انه ليس بعدل حين اختبأ ممن يشهد عليه وهو قول أبى حنيفة والشافعي.» [معرفة السنن والاثار: 345/14]
That is, the scholars have differed regarding the testimony of «مختبئ», so from Shurayh, al-Sha’bi, and al-Nakha’i, there is a rejection of the testimony of «مختبئ».

Imam Tahawi rahimahullah has deemed it permissible. [مختصر الطحاوي، ص: 336]

Imam Malik rahimahullah says regarding «شهادة المختبئ»:
“When a man testifies about a woman from behind a veil, and he also knows the woman and recognizes her voice, then (in this case) his testimony will be valid.”

And further he says:
“Indeed, people used to go to the Mothers of the Believers radi Allahu anhunna (to ask religious questions), and there used to be a veil between them and the Mothers of the Believers radi Allahu anhunna. So those people used to hear from the Mothers of the Believers radi Allahu anhunna and narrate hadiths from them.” [النادر والذيادات، ج 8، ص: 258]
Therefore, from this evidence, a clear proof is established for the acceptance of the testimony of «مختبئ».

An Objection and Its Answer:
In the books of hadith, three types of incidents of this nature are found, due to which some have considered these incidents to be one and the same, which is incorrect.
One incident is the one mentioned in the above hadith, the second incident of the same nature has been mentioned by the commentators. It is mentioned regarding the revelation of the verse of the Noble Qur’an: «﴿فَلَا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ﴾» [البقرة : 230]. This verse was revealed concerning Aisha bint Abd al-Rahman ibn Atik. She was married to her cousin Rifa’ah ibn Wahb, Rifa’ah ibn Wahb gave her three divorces, so she married Abd al-Rahman ibn Zubayr, Abd al-Rahman divorced her, so she came to the Prophet sallallahu alayhi wa sallam saying that Abd al-Rahman divorced me without consummation. Can I now return to my first husband? The Prophet sallallahu alayhi wa sallam said: “No.” [الدر المنثور: 1283/1 - فتح الباري، ج 9، ص: 581]
Some have considered these two incidents to be one and the same.

Hafiz Ibn Hajar rahimahullah writes:
«فالواضح من سياقه انها قصة أخرى وان كلا من رفاعة القرظي ورفاعة النضري وقع له من زوجة له طلاق فتزوج كلا منهما عبدالرحمن بن الزبير فطلقها قبل ان يمسها فالحكم فى قصتهما متحد مع تغاير الأشخاص.» [فتح الباري، ج 9، ص: 581]
“It is clear from the context that the two incidents mentioned are separate. Because the first incident is about the wife of Rifa’ah ibn Samawal, and the second incident is about Rifa’ah ibn Wahb, and both women married Abd al-Rahman ibn Zubayr.”
From the statements of Hafiz Sahib it is clear that the two incidents mentioned are different, but they share the fact that both women married Abd al-Rahman ibn Zubayr.
A third incident of the same nature is also mentioned by Imam Nasa’i rahimahullah, that:
“A woman whose name was ‘Ghumaysa’ or ‘Rumaysa’ came to the Prophet sallallahu alayhi wa sallam complaining about her husband that he was not capable of intercourse, so her husband said to the Prophet sallallahu alayhi wa sallam that she is lying. In fact, she wants to return to her first husband. Upon this, the Prophet sallallahu alayhi wa sallam said:
«ليس ذالك لها حتى تذوق عسيلته»” [الدر المنثور : 284/1]
The conclusion of the discussion is that the three incidents mentioned are separate, which have been mentioned in various books of hadith and tafsir. «والله اعلم»

Hadith Commentary:
Imam Bukhari rahimahullah derived from this that it is permissible to bear witness secretly, because Khalid was outside the door and was not in front of the woman. Despite this, Khalid attributed a statement to this woman, and the Messenger of Allah sallallahu alayhi wa sallam did not object to Khalid.

Abdur Rahman bin Zubair radi Allahu anhu had children, but perhaps at that time he was ill... For this reason, the woman described him as a bundle of cloth in which there is no movement at all, meaning he was unable to have intercourse (jima‘). However, Ibn Zubair radi Allahu anhu refuted the woman’s statement.

From this hadith, the ruling is established that until a divorced woman herself marries another man and consummates the marriage with him, and then he himself divorces her, she cannot return to her first husband’s marriage.

A curse has been pronounced upon those who arrange a contrived halalah (tahlil) marriage. As is the custom among the Hanafi jurists, they issue a fatwa for a contrived halalah for a woman who has been given three divorces, which is a cause of curse.

Hadith Commentary:
(1)
The name of this woman was Tamimah bint Wahb, who was previously married to Hazrat Rifa‘ah bin Samwal (radi Allahu anhu). He gave her an irrevocable divorce and thus released her from his marriage. She then married Hazrat Abdur Rahman bin Zubair (radi Allahu anhu), but she complained to the Messenger of Allah (sallallahu alayhi wa sallam) about his impotence in very explicit and clear words. Hazrat Abdur Rahman (radi Allahu anhu) realized from the circumstances that she would complain about him, so he brought his two sons, who were from his first wife, and openly refuted her claim.
(2)
Hazrat Khalid bin Sa‘id (radi Allahu anhu) was standing by the Messenger of Allah (sallallahu alayhi wa sallam) and was listening to the woman’s indecent speech. He took notice of her merely by hearing her voice and informed Hazrat Abu Bakr (radi Allahu anhu) of his feelings. The Messenger of Allah (sallallahu alayhi wa sallam) did not object to this in any way; therefore, Hazrat Khalid (radi Allahu anhu) was like one who testifies having only heard the voice.
(3)
In reality, the woman wanted to get rid of her second husband by accusing him of impotence so that she could return to her first husband. The Messenger of Allah (sallallahu alayhi wa sallam) perceived her intention and said: “This cannot happen; you will have to remain with this husband.” He also gave a decisive and crushing reply to the woman’s complaint, without any ambiguity, but rather refuted the woman’s claim in clear words. We will explain its details under Kitab al-Libas, Hadith: 5825.

Hadith Commentary:
The woman pointed towards her fringed cloak.
This very phrase corresponds with the chapter heading, while the other rulings derived from this hadith are also clear.
The legal ruling established is that a woman who has been given three divorces (talaq) cannot remarry her first husband until she has consummated marriage with a second husband, and then if that husband, of his own will, divorces her—this is the legal (shar‘i) halalah.
To arrange a contrived (taḥīlī) halalah for this purpose is a cause of curse; may Allah have mercy on those scholars who issue fatwas permitting women to undergo a contrived halalah.
By “three divorces” is meant divorces given in three separate periods of purity (tuhr).

Hadith Commentary:
(1)
This woman pointed by holding the edge of the sheet which was only in the form of threads and had not been woven. A woven sheet has some tension, but threads are loose and slack.

(2)
Imam Bukhari rahimahullah established the heading from the woman’s gesture that she was wearing a sheet with fringes (threads). If wearing such a sheet were impermissible, the Messenger of Allah sallallahu alayhi wa sallam would certainly have guided her in this matter.

There is a clear hadith regarding wearing a fringed sheet: Hazrat Jabir bin Sulaim radi Allahu anhu says that once he presented himself before the Messenger of Allah sallallahu alayhi wa sallam, and he was sitting with his knees raised, wearing a sheet, and the fringes of that sheet were lying at his feet.
(Sunan Abi Dawud, Kitab al-Libas, Hadith: 4057)

Although this narration is weak, if threads are left at the edges of a garment as adornment and have not been woven, but rather stitched in a particular manner, then there is no harm in using it.
And Allah knows best.

Hadith Commentary:
That woman was wearing a green veil; this is the connection with the chapter.
This woman had complained about her husband’s impotence, in response to which the husband, Abdur Rahman bin Zubair, brought his two children with him.
The Messenger of Allah (sallallahu alayhi wa sallam) affirmed Abdur Rahman’s claim regarding the children and, perceiving the woman’s falsehood, said what is mentioned here.
The ruling is that a woman who has been irrevocably divorced (mutaallaqah bainah) cannot return to her first husband’s marriage until the second husband has consummated the marriage (performed proper intercourse) with her and then, of his own will, divorces her. There is no other way besides this.

Hadith Commentary:
(1)
This woman indicated the impotence of her second husband, Abdur Rahman bin Zubair radi Allahu anhu, and with the edge of her garment gave the impression that his sexual organ was weak and that he could not fulfill her desire. Her husband brought two children with him in his defense to expose her falsehood. Thus, the Messenger of Allah sallallahu alayhi wa sallam affirmed the statement of Abdur Rahman bin Zubair and, perceiving the woman's falsehood, gave the response that is mentioned in the hadith.

(2)
From this hadith, it is also understood that a husband may strike his wife for her disobedience. Even if the skin is affected by a severe blow, there is no harm in it. Since the woman was wearing a green veil, Imam Bukhari rahimahullah has established from this the chapter heading that green clothing may be used. Indeed, in one hadith it is explicitly stated: It is narrated from Abu Rimthah radi Allahu anhu that he said: I went with my father to the Messenger of Allah sallallahu alayhi wa sallam, and I saw upon him two green-striped garments. (Sunan Abi Dawud, Book of Clothing, Hadith: 4065)

(3)
Green is a favored color; the mention of green silk garments for the people of Paradise is found in the Noble Qur’an. Allah, the Exalted, says: “Their garments will be of fine green silk and heavy silk above them.” However, adopting green as a distinguishing symbol is absolutely not preferred. And Allah knows best.

Hadith Commentary:
Vocabulary of the Hadith:
بَتَّ طَلاَقِی:
He has given the final, decisive divorce,
leaving no divorce remaining, i.e., he has given the third and final divorce after which no further divorce remains.

Benefits and Issues:
From the incident of Tamimah bint Wahb, the wife of Rifa‘ah al-Qurazi, it is established that when a woman receives three separate divorces, she does not become lawful for her first husband after the third divorce until she marries another husband and establishes marital relations with him in a manner of mutual contentment. This is because ‘Abdur-Rahman ibn Zubayr radi Allahu anhu had children,
but this second wife did not establish relations with him in a manner of mutual contentment,
so he would not experience arousal or satisfaction,
whereas in reality, she had already given her heart to her first husband.
Therefore, the Prophet sallallahu alayhi wa sallam said:
“Derive pleasure from your husband yourself, and give him the opportunity to derive pleasure as well.”
All the Companions and Followers (Tabi‘in), except for Sa‘id ibn al-Musayyib radi Allahu anhu, are agreed upon this, and this is the correct view: if the second husband, after establishing relations—even if ejaculation does not occur—
divorces her of his own will and intention, without any condition, compulsion, or trickery,
then after completing her waiting period (‘iddah), she may marry her first husband.
According to Sa‘id ibn al-Musayyib radi Allahu anhu, merely contracting the marriage is sufficient,
whereas according to Hasan al-Basri, ejaculation is a condition.

Explanation:
➊ That is, they do not have the ability to perform intercourse.
➋ The phrase “until you taste his sweetness and he tastes your sweetness” is an allusion to intercourse, and likening intercourse to honey is intended to convey that just as one experiences pleasure and sweetness from consuming honey, similarly, pleasure and sweetness are attained from intercourse.

Benefits and Issues:
➊ In Surah Al-Baqarah, verse 224 and those following it, the rulings regarding divorce have been mentioned. In verse 230 it is stated that if (for the third time) he divorces her, then she is not lawful for him until she marries another husband. Then, if he (the second husband) divorces her, there is no sin upon them (the woman and her first husband) to reunite, provided that they are confident that they will uphold the limits set by Allah. ()

➋ According to some researchers, this narration is authentic, because what is mentioned in it is also found in other authentic narrations. From this, it is understood that merely contracting a marriage elsewhere is not sufficient; rather, it is also necessary for the marital relationship (as husband and wife) to be established with the second husband. If the second husband divorces her without this marital relationship, then this woman will not become lawful for her first husband. Similarly, those who marry with the intention of only a few days so that the woman becomes lawful for her first husband—this conditional marriage is not a marriage, but rather fornication. Therefore, to contract a merely formal marriage in the name of halalah and to temporarily hand over the woman to a man so that she becomes lawful for her first husband is forbidden; such a marriage is neither valid nor is the return (to the first husband) valid. For the one who marries with this intention, a very severe example has been given: such a person is like a borrowed bull. (Sunan Ibn Majah, Book of Marriage, Hadith: 1936)

For the details of this issue, see Hadith: 3285.

Urdu marginal note:
For details regarding triple divorce, see Hadith: 3285.

For details, see Hadith number 3285.

(1) "Rifa‘ah’s wife"—that is, the one who was previously the wife of Rifa‘ah, otherwise at that time she was in the marriage of ‘Abdur-Rahman bin Zubair.

(2) "Third divorce"—in Arabic, the word "batta" is used, which means an irrevocable divorce, i.e., after which there is no possibility of return. And in normal circumstances, this can be the third divorce.

(3) "Hem of the garment"—this is an allusion to his weakness in manly strength. In figurative expressions, exaggeration is usually present; otherwise, it would not be a figure of speech, so the apparent words are not intended, rather it is only an allusive indication. This complaint of hers was not valid because the Prophet (sallallahu alayhi wa sallam) rejected it. In Sahih al-Bukhari, it is explicitly mentioned that the husband also found out that his wife had gone to the Prophet (sallallahu alayhi wa sallam) with a complaint, so he too arrived. He had two sons with (another wife). He said: "O Messenger of Allah! By Allah, she is lying. I treat her like a piece of leather (i.e., I have full and vigorous intercourse with her), but she dislikes me and wants to return to Rifa‘ah..." Then the Prophet (sallallahu alayhi wa sallam) asked him, "Are these your sons?" He said, "Yes." The Prophet (sallallahu alayhi wa sallam) addressed the woman and said: "You are making this accusation against him? By Allah! His sons resemble their father even more than one crow resembles another crow." (Sahih al-Bukhari, Kitab al-Libas, Hadith: 5825) According to her statement, the woman could not return to her first husband’s marriage because for that, it was necessary for the second husband to have intercourse with her and then divorce her.

(4) "To enjoy"—after the third divorce, the husband and wife become forbidden to each other, unless the woman marries another man, and then if discord arises between them, after the waiting period (‘iddah) she can marry her former husband, provided that the second husband has had intercourse with her. If intercourse did not occur, then even after divorce, marriage to the first husband is not permissible. The phrase "to enjoy" is an allusion to this.

(5) Nowadays, the shamelessness that is displayed in the name of "halalah," and women are taken to "bulls for hire" like cattle, this matter is entirely against the Shari‘ah. The Messenger of Allah (sallallahu alayhi wa sallam) has cursed all those involved in this.

Benefits and Issues:

➊
A man has the right to divorce his wife, but this right to divorce is limited, meaning that throughout his entire life he only has the right to pronounce divorce three times.
After the first and second divorce, he has the right to take her back (revocation).
After the third divorce, the right of revocation no longer remains.
Allah the Exalted has said:
﴿الطَّلَاقُ مَرَّ‌تَانِ ۖ فَإِمْسَاكٌ بِمَعْرُ‌وفٍ أَوْ تَسْرِ‌يحٌ بِإِحْسَانٍ﴾ (al-Baqarah: 229)
“(Revocable) divorce is twice, then either retain [her] in an acceptable manner or release [her] with good treatment.”

➋
After the third divorce, the right of revocation does not remain; rather, after the waiting period (‘iddah) is completed, the woman has the right to marry another man.

➌
If, for some reason, she is unable to remain with the second husband and is divorced, or he passes away, then the woman, if she wishes, may marry her first husband again. However, it is not necessary that she must marry the first husband; she may also marry a third man.

➍
The condition for the permissibility of remarrying the first husband is that the second husband must have divorced her after consummation (intercourse).
If the second husband divorces her before consummation, then it is not permissible for her to marry the first husband again.
It will, however, be permissible to marry a third man.

➎
Talaq bā’in (irrevocable divorce) is that divorce after which the right of revocation does not remain.
If a woman is married and is divorced before seclusion (khalwah), then this is the first bā’in, i.e., the final divorce.
If, instead of a free woman, a slave woman is married, then the second divorce is the final one.
In all other cases, the third divorce is the final one.

Takhrij:
«أخرجه البخاري، الطلاق، باب من جوّز الطلاق الثلاث، حديث:5260، 5261، ومسلم، النكاح، باب لا تحل المطلقة ثلاثًا لمطلقها حتي تنكح زوجًا غيره.....، حديث:1433.»©Explanation:
➊ From this hadith, it is understood that when a woman who has been given three divorces (mutaallaqah thalathah) marries another man and marital relations are also established between them, and then this second husband either divorces her of his own will or passes away, then it is permissible for her to remarry her first husband.
➋ If she marries the second husband but there is no intercourse or consummation, and he divorces her, then in this case, it will not be permissible for her to remarry her first husband.
And if the second marriage is contracted solely with the intention of making her lawful (halalah), then the marriage itself will not be valid.
In this situation, both the one who makes her lawful (muhallil) and the one for whom she is made lawful (muhallal lahu) are deemed accursed, and in addition, remarriage with the first man is also forbidden.

Benefit:
From this hadith, it is established that "talaq batti" refers to the final divorce. If a husband has given his wife three separate divorces according to the Shariah, then that woman may marry someone else. The marriage to the second husband should be with the intention of living a married life, not for just one night or a short period. The customary "halalah" is adultery and a major sin, in which a woman's marriage is contracted for a limited time. This hadith also proves that if a woman, due to a legitimate Shariah excuse, wishes to seek divorce from her second husband and remarry her first husband, then it is a condition that they (the woman and her second husband) must have enjoyed conjugal relations with each other—that is, the second husband must have intercourse with his wife. After that, according to the principles of the Qur'an and Sunnah, there may be khul‘ (dissolution of marriage) or divorce; otherwise, the woman cannot remarry her first husband. A woman may mention her husband's impotence before the ruler, but this is not considered backbiting.