بسم اللــــه الرحمـــــــــن الرحيم
Our Shaykh, Muhammad ibn Hizaam – may Allaah preserve him – was asked the following question:
The Questioner says: A man issued his wife her first ‘talaq’ and did not reconcile with her during her waiting period (‘iddah). Afterwards, she got married to another man who also divorced her – without being sexually intimate with her during their marriage. Is her first husband now allowed to remarry her with a new marriage contract and ‘mahr’ (dowry)?
There is no doubt whatsoever that her first husband is allowed to remarry her with a new marriage contract and ‘mahr’.
But had it been the third and final ‘talaq’, it would not have been permissible for him to take her back, unless she gets married to another husband (who then divorces her after) being sexually intimate with her.
As for him remarrying her after the first and second ‘talaq’; this is permissible, even if she remained unmarried during this interval. Marrying someone else and being sexually intimate is a condition only after the third ‘talaq’.
If (after the first ‘talaq’) he remarries her, she returns to him while he has two more ‘talaq’s left (i.e. The previous Talaq still counts against him) – whether or not she gets married to someone else between this interval. So she returns to him with one divorce intact and with two more divorces left, because any divorce issued by the husband remains intact, except for the third and final divorce, (with the condition that she gets married to someone else and has sexual relations with that person. If this person then divorces her and she gets remarried to the first, he would be marrying her with a clean slate, i.e. No divorces intact)
This is the correct position in the matter, and this is the Fatwa issued by Umar Ibn Al-Khattab, the commander of the believers (may Allah be pleased with him) as well as other companions.
It is Allah (alone) with whom aid is sought.
Abu Sufyaan Saami Al-Ghaani
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