Transgressing the set limits of Allah is an Injustice
Allah said:
[تِلْكَ حُدُودُ اللَّهِ فَلاَ تَعْتَدُوهَا وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَأُوْلَـئِكَ هُمُ الظَّـلِمُونَ]
(These are the limits ordained by Allah, so do not transgress them. And whoever transgresses the limits ordained by Allah, then such are the wrongdoers.)
This means that the laws that Allah has legislated are His set limits, so do not transgress them. An authentic Hadith states:
«إِنَّ اللهَ حَدَّ حُدُودًا فَلَا تَعْتَدُوهَا، وفَرَضَ فَرَائِضَ فَلَا تُضَيِّعُوهَا، وحَرَّمَ مَحَارِمَ فَلَا تَنْتَهِكُوهَا، وَسَكَتَ عَنْ أَشْيَاءَ رَحْمَةً لَكُمْ مِنْ غَيْرِ نِسْيَانٍ فَلَا تَسْأَلُوا عَنْهَا»
(Allah has set some limits, so do not transgress them; and commanded some commands, so do not ignore them; and made some things unlawful, so do not commit them. He has also left some matters (without rulings) as a mercy with you, not because He has forgotten them, so do not ask about them.)
Pronouncing Three Divorces at the same Time is Unlawful
The last Ayah we mentioned was used as evidence to prove that it is not allowed to pronounce three divorces at one time. What further proves this ruling is that Mahmud bin Labid has stated - as An-Nasa'i recorded - that Allah's Messenger was told about a man who pronounced three divorces on his wife at one time, so the Prophet stood up while angry and said:
«أَيُلْعَبُ بِكِتَابِ اللهِ وَأَنَا بَيْنَ أَظْهُرِكُم»
(The Book of Allah is being made the subject of jest while I am still amongst you)
A man then stood up and said, "Should I kill that man, O Messenger of Allah''
The Wife cannot be taken back after the Third Divorce
Allah said:
[فَإِن طَلَّقَهَا فَلاَ تَحِلُّ لَهُ مِن بَعْدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ]
(And if he has divorced her (the third time), then she is not lawful for him thereafter until she has married another husband.)
This Ayah indicates that if the man divorces his wife for the third time after he divorced her twice, then she will no longer be allowed for marriage to him. Allah said:
[حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ]
(...until she has married another husband.) meaning, until she legally marries another man. For instance, if she has sexual intercourse with any man, even her master (if she was a servant), she would still be ineligible for marriage for her ex-husband (who divorced her thrice), because whomever she had sexual relations with was not her legal husband. If she marries a man without consummating the marriage, she will not be eligible for her ex-husband. Muslim reported that `A'ishah said that Allah's Messenger was asked about a woman who marries a man who thereafter divorces her (thrice). She then marries another man and he divorces her before he has sexual relations with her, would she be allowed for her first husband Allah's Messenger said:
«لَا، حَتَّى يَذُوقَ عُسَيْلَتَهَا»
(No, until he enjoys her `Usaylah (sexual relation).) Al-Bukhari also reported this Hadith.
Imam Ahmad recorded that `A'ishah said, "The wife of Rifa`ah Al-Qurazi came while I and Abu Bakr were with the Prophet and she said, `I was Rifa`ah's wife, but he divorced me and it was an irrevocable divorce. Then I married `Abdur-Rahman bin Az-Zubayr, but his sexual organ is minute like a string.' She then took a small string of her garment (to resemble how small his sexual organ was). Khalid bin Sa`id bin Al-`As, who was next to the door and was not yet allowed in, said, `O Abu Bakr! Why do you not forbid this (woman) from what she is revealing frankly before the Prophet' The Prophet merely smiled. Then, Allah's Messenger asked her: c
«كَأَنَّكِ تُرِيدِينَ أَنْ تَرْجِعِي إِلى رِفَاعَةَ، لَا، حَتَّى تَذُوقِي عُسَيْلَتَهُ، وَيَذُوقَ عُسَيْلَتَك»
(Do you want to remarry Rifa`ah You cannot unless you experience his `Usaylah and he experiences your `Usaylah (i.e., had a complete sexual relation with your present husband).)''
Al-Bukhari, Muslim, and An-Nasa'i also recorded this Hadith. Muslim's wording is "Rifa`ah divorced his wife for the third and final time."
The word `Usaylah mentioned in the Hadith means sexual intercourse. Imam Ahmad and An-Nasa'i reported that `A'ishah said that Allah's Messenger said:
«أَلَا إِنَّ الْعُسَيْلَةَ الْجِمَاع»
(`Usaylah is sexual intercourse.)
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.''
When does a Woman who was divorced Three Times become Eligible for Her First Husband
Allah said:
[فَإِن طَلَّقَهَا]
(And if he has divorced her) meaning, the second husband after he had complete sexual relations with her,
[فَلاَ جُنَاحَ عَلَيْهِمَآ أَن يَتَرَاجَعَآ]
(it is no sin on both of them that they reunite) meaning, the wife and her first husband,
[إِن ظَنَّآ أَن يُقِيمَا حُدُودَ اللَّهِ]
(provided they feel that they can keep the limits ordained by Allah.) meaning, they live together honorably. Mujahid said, "If they are convinced that the aim behind their marriage is honorable.'' Next, Allah said:
[وَتِلْكَ حُدُودُ اللَّهِ]
(These are the limits of Allah,) His commandments and legislation,
[يُبَيِّنُهَا]
(He makes plain)
[لِقَوْمٍ يَعْلَمُونَ]
(for the people who have knowledge.)
[وَإِذَا طَلَّقْتُمُ النِّسَآءَ فَبَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ سَرِّحُوهُنَّ بِمَعْرُوفٍ وَلاَ تُمْسِكُوهُنَّ ضِرَارًا لِّتَعْتَدُواْ وَمَن يَفْعَلْ ذَلِكَ فَقَدْ ظَلَمَ نَفْسَهُ وَلاَ تَتَّخِذُواْ آيَـتِ اللَّهِ هُزُوًا وَاذْكُرُواْ نِعْمَتَ اللَّهِ عَلَيْكُمْ وَمَآ أَنزَلَ عَلَيْكُم مِّنَ الْكِتَـبِ وَالْحِكْمَةِ يَعِظُكُم بِهِ وَاتَّقُواْ اللَّهَ وَاعْلَمُواْ أَنَّ اللَّهَ بِكُلِّ شَىْءٍ عَلِيمٌ ]
(231. And when you have divorced women and they have fulfilled the term of their prescribed period, either take them back on a reasonable basis or set them free on a reasonable basis. But do not take them back to hurt them, and whoever does that, then he has wronged himself. And treat not the verses (Laws) of Allah in jest, but remember Allah's favors on you (i.e., Islam), and that which He has sent down to you of the Book (i.e., the Qur'an) and Al-Hikmah (the Prophet's Sunnah ـ legal ways ـ Islamic jurisprudence) whereby He instructs you. And fear Allah, and know that Allah is All-Aware of everything).
Being Kind to the Divorced Wife
This is a command from Allah to men that when one of them divorces his wife with a reversible divorce, he should treat her kindly. So when her term of `Iddah (waiting period) nears its end, he either takes her back in a way that is better, including having witnesses that he has taken her back, and he lives with her with kindness. Or, he should release her after her `Iddah finishes and then kindly asks her to depart from his house, without disputing, fighting with her or using foul words. Allah then said:
[وَلاَ تُمْسِكُوهُنَّ ضِرَارًا لِّتَعْتَدُواْ]
(But do not take them back to hurt them,)
Ibn `Abbas, Mujahid, Masruq, Al-Hasan, Qatadah, Ad-Dahhak, Ar-Rabi` and Muqatil bin Hayyan said that a man used to divorce his wife, and when her `Iddah came near its end, he would take her back to harm her and to stop her from marrying someone else. He then divorced her and she would begin her `Iddah and when her `Iddah term neared its end, he would take her back again, so that the term of `Iddah would be prolonged for her. After that, Allah prohibited this practice. Allah has also threatened those who indulge in such practices, when He said;
[وَمَن يَفْعَلْ ذَلِكَ فَقَدْ ظَلَمَ نَفْسَهُ]
(...and whoever does that, then he has wronged himself.) meaning, by defying Allah's commandments. Allah then said:
[وَلاَ تَتَّخِذُواْ آيَـتِ اللَّهِ هُزُوًا]
(And treat not the verses (Laws) of Allah in a jest,)
Ibn Jarir said that Abu Musa (Al-Ash`ari) narrated that Allah's Messenger once became angry at the Ash`ari tribe. Abu Musa went to him and said, "O Messenger of Allah! Are you angry with the Ash`ariyyin'' The Prophet said:
«يَقُولُ أَحَدُكُمْ: قَدْ طَلَّقْتُ، قَدْ رَاجَعْتُ، لَيْسَ هَذَا طَلَاقُ الْمُسْلِمِينَ، طَلِّقُوا الْمَرْأَةَ فِي قُبُلِ عِدَّتِهَا»
(One of you says, `I divorced her' -then says- `I took her back!' This is not the appropriate way Muslims conduct divorce. Divorce the woman when she has fulfilled the term of the prescribed period.)
Masruq said that the Ayah refers to the man who harms his wife by divorcing her and then taking her back, so that the `Iddah term is prolonged for her. Al-Hasan, Qatadah, `Ata' Al-Khurasani, Ar-Rabi` and Muqatil bin Hayyan said, "He is the man who divorces his wife and says, `I was joking.' Or he frees a servant or gets married and says, `I was only joking.' Allah revealed:
[وَلاَ تَتَّخِذُواْ آيَـتِ اللَّهِ هُزُوًا]
(And treat not the verses (Laws) of Allah in a jest,)
Then such men were made to bear the consequences of their actions.
Allah then said:
[وَاذْكُرُواْ نِعْمَتَ اللَّهِ عَلَيْكُمْ]
(. ..but remember Allah's favors on you,) meaning, by His sending His Messenger with the right guidance and clear signs to you:
[وَمَآ أَنزَلَ عَلَيْكُم مِّنَ الْكِتَـبِ وَالْحِكْمَةِ]
(...and that which He has sent down to you of the Book (i.e., the Qur'an) and Al-Hikmah) meaning the Sunnah,
[يَعِظُكُمْ بِهِ]
(...whereby He instructs you.) meaning, commands you, forbids you and threatens you for transgressing His prohibitions. Allah said:
[وَاتَّقُواْ اللَّهَ]
(And fear Allah) meaning, concerning what you perform and what you avoid,
[وَاعْلَمُواْ أَنَّ اللَّهَ بِكُلِّ شَىْءٍ عَلِيمٌ]
(and know that Allah is All-Aware of everything.) none of your secret or public affairs ever escapes His knowledge, and He will treat you accordingly.
[وَإِذَا طَلَّقْتُمُ النِّسَآءَ فَبَلَغْنَ أَجَلَهُنَّ فَلاَ تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَجَهُنَّ إِذَا تَرَضَوْاْ بَيْنَهُم بِالْمَعْرُوفِ ذلِكَ يُوعَظُ بِهِ مَن كَانَ مِنكُمْ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الاٌّخِرِ ذلِكُمْ أَزْكَى لَكُمْ وَأَطْهَرُ وَاللَّهُ يَعْلَمُ وَأَنتُمْ لاَ تَعْلَمُونَ ]
(232. And when you have divorced women and they have fulfilled the term of their prescribed period, do not prevent them from marrying their (former) husbands, if they mutually agree on reasonable basis. This (instruction) is an admonition for him among you who believes in Allah and the Last Day. That is more virtuous and purer for you. Allah knows and you know not.)
The Wali (Guardian) of the Divorced Woman should not prevent Her from going back to Her Husband
`Ali bin Abu Talhah reported that Ibn `Abbas said, "This Ayah was revealed about the man who divorces his wife once or twice and her `Iddah finishes. He later thinks about taking her back in marriage and the woman also wishes that, yet, her family prevents her from remarrying him. Hence, Allah prohibited her family from preventing her.'' Masruq, Ibrahim An-Nakha`i, Az-Zuhri and Ad-Dahhak stated that this is the reason behind revealing the Ayah (2:232). These statements clearly conform to the apparent meaning of the Ayah.
There is no Marriage without a Wali (for the Woman)
The Ayah (2:232) also indicates that the woman is not permitted to give herself in marriage. Rather, she requires a Wali (guardian such as her father, brother, adult son, and so forth) to give her away in marriage, as Ibn Jarir and At-Tirmidhi have stated when they mentioned this Ayah. Also, a Hadith states that:
«لَا تُزَوِّجُ الْمَرْأةُ الْمَرْأَةَ، ولَا تُزَوِّج الْمَرأةُ نَفْسَهَا، فَإِنَّ الزَّانِيَةَ هِيَ الَّتِي تُزَوِّجُ نَفْسَهَا»
(The woman does not give another woman away for marriage and the woman does not give herself away in marriage, for only the adulteress gives herself away for marriage.)
Another Hadith states:
«لَا نِكَاحَ إلَّا بِوَلِيَ مُرْشِدٍ وَشَاهِدَيْ عَدْل»
(No marriage is valid except with the participation of a mature Wali and two trustworthy witnesses.)
The Reason behind revealing the Ayah (2:232)
It was reported that this Ayah was revealed about Ma`qil bin Yasar Al-Muzani and his sister. Al-Bukhari reported in his Sahih, when he mentioned the Tafsir of this Ayah (2:232), that the husband of the sister of Ma`qil bin Yasar divorced her. He waited until her `Iddah finished and then asked to remarry her, but Ma`qil refused. Then, this Ayah was sent down:
[فَلاَ تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَجَهُنَّ]
(...do not prevent them from marrying their (former) husbands.)
Abu Dawud, At-Tirmidhi, Ibn Abu Hatim, Ibn Jarir and Ibn Marduwyah and Al-Bayhaqi reported this Hadith from Al-Hasan from Ma`qil bin Yasar. At-Tirmidhi rendered this Hadith authentic and in his narration, Ma`qil bin Yasar gave his sister in marriage for a Muslim man during the time of Allah's Messenger . She remained with him for a while and he divorced her once and did not take her back until her `Iddah finished. They then wanted to get back with each other and he came to ask her for marriage. Ma`qil said to him, "O ungrateful one! I honored you and married her to you but you divorced her. By Allah! She will never be returned to you.'' But Allah knew his need for his wife and her need for her husband and He revealed:
[وَإِذَا طَلَّقْتُمُ النِّسَآءَ فَبَلَغْنَ أَجَلَهُنَّ]
(And when you have divorced women and they have fulfilled the term of their prescribed period, ) until He said:
[وَأَنتُمْ لاَ تَعْلَمُونَ]
(...and you know not.)
When Ma`qil heard the Ayah, he said, "I hear and obey my Lord.'' He then summoned the man and said, "I will honor you and let you remarry (my sister).'' Ibn Marduwyah added (that Ma`qil said), "And will pay (the expiation) for breaking my vow.''
Allah said:
[ذلِكَ يُوعَظُ بِهِ مَن كَانَ مِنكُمْ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الاٌّخِرِ]
(This (instruction) is an admonition for him among you who believes in Allah and the Last Day.) meaning, prohibiting you from preventing the women from marrying their ex-husbands, if they both agree to it,
[مَن كَانَ مِنكُمْ]
(among you) O people,
[يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الاٌّخِرِ]
(who believes in Allah and the Last Day.) meaning, believes in Allah's commandments and fears His warnings and the torment in the Hereafter. Allah said:
[ذلِكُمْ أَزْكَى لَكُمْ وَأَطْهَرُ]
(That is more virtuous and purer for you.) meaning, obeying Allah's Law by returning the women to their ex-husbands, and abandoning your displeasure, is purer and cleaner for your hearts,
[وَاللَّهُ يَعْلَمُ]
(Allah knows) the benefits you gain from what He commands and what He forbids.
[وَأَنتُمْ لاَ تَعْلَمُونَ]
(and you know not) the benefits in what you do or what you refrain from doing.