It is forbidden for a divorcee to marry another man so that she will be permissible for the first husband

14-8-2006 | IslamWeb

Question:

If a man asks his divorced wife to marry another man so that she will be permitted to go back to him, what is the ruling on this? It should be noted that she totally objects to this.

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

 

It is forbidden for a divorcee to marry another man so that she will be permissible for the first husband, according to the view of the majority of the scholars; this is also the view of the Maaliki, Shaafi’ee and Ahmad schools. This is because the Prophet said: "Allaah cursed the man who marries a woman to make her permissible for the first husband, and he cursed the first husband [for being content with this].” [Abu Daawood, At-Tirmithi and Ibn Maajah] The Prophet named the man who marries a woman to make her permissible for the first husband: "A borrowed he-goat.”

Furthermore, ‘Uqbah Ibn ‘Aamir narrated that the Prophet said: "Shall I not inform you about a borrowed he-goat?” They [companions] replied: “Please do, o Prophet of Allaah!” He said: "It is a man who makes a divorced woman lawful to her husband. Indeed Allaah cursed a man who marries a woman to make her permissible for her first husband, and He cursed the first husband [for being content with this].” [Ibn Maajah]

Besides, there is no evidence that this kind of marriage is legislated. A divorced wife who is divorced an irrevocable divorce does not become lawful to her husband because of this kind of marriage, and she does not return to her first husband. Therefore, this divorced woman should not accept to respond to the wish of her first husband as there is no obedience to a creature in disobeying the Creator.

Allaah Knows best.