One case of halala

Question

Zayd married Hinda, and after a few days Zayd gave the adult Hinda three talaqs — a major (mughallaza) divorce. Before the end of Hinda’s ‘idda of talaq, ‘Amr married Hinda within the ‘idda itself. After that ‘Amr gave Hinda three talaqs — a major divorce, and before the end of the term of Hinda’s second nikah, Zayd, i.e. the first husband, married Hinda again. Now the question is: was this nikah valid according to the Hanafi madhhab or not, and what is the ruling on the issue?

Answer

(1) Hinda’s nikah was valid neither with ‘Amr nor, again, with Zayd. If ‘Amr knew the ruling and contracted such a nikah and had intimacy with Hinda, then this is zina (fornication). Then, after ‘Amr’s talaq (which is null, since the nikah did not come into being), Zayd married her again — he married a thrice-divorced woman without halala; that too has the status of zina.

Source: Fatawa Mahmudiyya

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