Second Time Nikkah With Same Woman

As Salamu Alaikum

Insha Allah this excerpt from Tafsir ibn Kathir (Abridged English Version) will shed some light on this issue.

The Curse on the Participants of Tahlil/Halalah

The reason for the woman (who was divorced thrice) to marry another man must be that the man desires her and has the intention of having an extended married life with her. These are the legal goals and aims behind marriage. If the reason behind the second marriage was to make the woman eligible for her ex-husband again, then this is the Tahlil that the Hadiths have cursed and criticized. In addition, when the reason behind this marriage (if it was Tahlil) is announced in the contract, it would make the contract invalid according to the majority of the scholars.

Imam Ahmad reported that `Abdullah bin Mas`ud said, "Allah's Messenger cursed the one who does Tahlil, the one in whose favor it is done, those who eat Riba (usury) and those who feed it (pay the usury).'' At-Tirmidhi and An-Nasa'i reported this Hadith and At-Tirmidhi said, "This Hadith is Hasan.'' He said, "This is what is acted upon according to people of knowledge among the Companions, among whom are `Umar, `Uthman and Ibn `Umar. It was also the saying of the scholars of Fiqh among the Tabi`in (second generation of Islam). And it has been reported from `Ali, Ibn Mas`ud and Ibn `Abbas''.

In his Mustadrak, Al-Hakim reported that Nafi` said: "A man came to Ibn `Umar and asked him about a man who divorced his wife three times. Then, his brother married her to make Tahlil for his brother, without the brother knowing this fact. He then asked, "Is she allowed for the first (husband)'' He said, "No, unless it is a marriage that involves desire. We used to consider this an act of adultery during the time of Allah's Messenger .'' Al-Hakim said, "This Hadith has a Sahih chain although they (Al-Bukhari and Muslim) did not record it.''The wording of this Hadith indicates that the ruling came from the Prophet . Abu Bakr bin Abu Shaybah, Al-Jawzjani, Harb Al-Kirmani and Abu Bakr Al-Athram said that Qabisah bin Jabir said that `Umar said, "If the participants to Tahlil are brought to me, I will have them stoned.''

mohammad wrote: Your way of reply: Brother Mohammad, you interpretation of the Islamic law is not right.  You are focusing on the wrong things. I would like to say that " Your above mentioned comments are not sharp and you judged my post in wrongly manners, without reading post with its core sense & you passed the above mentioned statement, in turn just I will say that I was not expect the such type of cheaper statement from you specially bearing this in mind that you are now a moderator of this forum. It was never my intention whatever you mentioned. Humbly I would advise you that be cautious in choosing of words, when you move to reply the any post.

Assalamu Alaikum

Brother Mohammad, I am deeply sorry if I offended you.  When I said that your �interpretation of Islamic law is not right�, I was referring to your interpretation of �Halalha� when you said:

�if later he wants to re marry with her, for this she must be share the bed at least one night with any other person & then they can take the vows of marry, is it correct way. Is it compulsory for that specific woman, she have to sexual intercouse with the strange person bearing this in mind that only for one night. 

What will be the logic behiend of this that if a man divorced her wife, imagine that her wife not did any mistake nor she wanted divorce than why there no punishment for the husband who after the divorced again want to chase her.�

By no way did I mean to offend you or to imply that there was something wrong with your deen or your view of Islam.  I was simply referring to your understand of the information you had read which Brother Rami had suggest you read.  I am truly sorry if there was a misunderstanding due to my wording Brother Muhammad.  Inshallah you will forgive me for any words I used that caused you discomfort, it honestly was not my intention.

Allah Hafiz

Sister Khadija

Asslamu Alaikum

Jazak Allah Khair Brother Mohammad.

Allah Hafiz

Sister Khadija