Source: Aḥkām wa Masāʾil Kitāb wa Sunnat kī Roshnī meṅ by Shaykh Mubashar Ahmad Rabbānī
If a man divorces his wife, and after five or six months he wishes to remarry the same woman — is this permissible? Or must the woman first marry another man before she can return to her first husband? Please clarify in light of the Qur’an and Sunnah.
If a man divorces his wife with one or two divorces (ṭalāq) and her ʿiddah period ends, and then both parties mutually agree to reunite, it is permissible to remarry through a new nikāḥ contract.
This is established from authentic narrations in Ṣaḥīḥ al-Bukhārī and al-Nasāʾī, regarding the sister of Maʿqil ibn Yasār رضي الله عنه. She was divorced by her husband, and after her ʿiddah ended, they both agreed to reunite. However, Maʿqil, being her guardian (walī), initially refused to allow the remarriage. Upon this, Allah revealed the following verse:
﴿وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجَلَهُنَّ فَلَا تَعْضُلُوهُنَّ أَنْ يَنكِحْنَ أَزْوَاجَهُنَّ إِذَا تَرَاضَوْا بَيْنَهُم بِالْمَعْرُوفِ﴾
"And when you divorce women and they have fulfilled their waiting period (ʿiddah), do not prevent them from marrying their [former] husbands if they agree among themselves in a lawful manner."
— [Surah al-Baqarah: 232]
This clearly proves that after the completion of the ʿiddah in a revocable divorce (ṭalāq rajʿī), the couple can reunite through a fresh marriage contract.
If the husband has issued three divorces (ṭalāq mughallaẓah), the woman becomes permanently forbidden (ḥarām) for him. She can only return to him after she marries another man, genuinely intending to live with him as husband and wife (not as a scheme), and:
Then it is permissible for her to remarry the first husband if both can uphold the boundaries set by Allah.
If a woman marries another man solely with the intent of getting divorced so she may return to her first husband, this is the forbidden act of ḥalālah, upon which the curse of Allah is mentioned in the Sunnah.
The Prophet ﷺ said:
“Allah has cursed the one who performs ḥalālah and the one for whom it is performed.”
— [Musnad Aḥmad: 1351, 4308 | Ibn Mājah: 1933–1936]
Thus, this accursed act has no place in Islamic law. It is a sinful manipulation of the sacred institution of marriage and divorce.
وَاللهُ أَعْلَمُ
✦ Question:
If a man divorces his wife, and after five or six months he wishes to remarry the same woman — is this permissible? Or must the woman first marry another man before she can return to her first husband? Please clarify in light of the Qur’an and Sunnah.
✦ Answer:
If a man divorces his wife with one or two divorces (ṭalāq) and her ʿiddah period ends, and then both parties mutually agree to reunite, it is permissible to remarry through a new nikāḥ contract.
This is established from authentic narrations in Ṣaḥīḥ al-Bukhārī and al-Nasāʾī, regarding the sister of Maʿqil ibn Yasār رضي الله عنه. She was divorced by her husband, and after her ʿiddah ended, they both agreed to reunite. However, Maʿqil, being her guardian (walī), initially refused to allow the remarriage. Upon this, Allah revealed the following verse:
﴿وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجَلَهُنَّ فَلَا تَعْضُلُوهُنَّ أَنْ يَنكِحْنَ أَزْوَاجَهُنَّ إِذَا تَرَاضَوْا بَيْنَهُم بِالْمَعْرُوفِ﴾
"And when you divorce women and they have fulfilled their waiting period (ʿiddah), do not prevent them from marrying their [former] husbands if they agree among themselves in a lawful manner."
— [Surah al-Baqarah: 232]
This clearly proves that after the completion of the ʿiddah in a revocable divorce (ṭalāq rajʿī), the couple can reunite through a fresh marriage contract.
❖ What if Three Divorces Have Occurred?
If the husband has issued three divorces (ṭalāq mughallaẓah), the woman becomes permanently forbidden (ḥarām) for him. She can only return to him after she marries another man, genuinely intending to live with him as husband and wife (not as a scheme), and:
- That second husband divorces her willingly, or
- Passes away,
- After which she completes her ʿiddah,
Then it is permissible for her to remarry the first husband if both can uphold the boundaries set by Allah.
❖ Warning Against the Prohibited Practice of
If a woman marries another man solely with the intent of getting divorced so she may return to her first husband, this is the forbidden act of ḥalālah, upon which the curse of Allah is mentioned in the Sunnah.
The Prophet ﷺ said:
“Allah has cursed the one who performs ḥalālah and the one for whom it is performed.”
— [Musnad Aḥmad: 1351, 4308 | Ibn Mājah: 1933–1936]
Thus, this accursed act has no place in Islamic law. It is a sinful manipulation of the sacred institution of marriage and divorce.
Summary:
- If only one or two divorces were given and the ʿiddah has passed, a new nikāḥ can be done — no need for her to marry someone else first.
- If three divorces were issued, she becomes permanently forbidden until she lawfully marries another man and is divorced or widowed — without any pre-planned arrangement.
- Pre-arranged ḥalālah is harām and curse-worthy in Islamic teachings.
وَاللهُ أَعْلَمُ
