Disagreement between the spouses about consummation for halala

Question

‘Abd al-Wadud gave his wife, with whom he had a nikah and with whom the marriage had been consummated, a major (mughallaza) divorce (the woman also has a nursing infant from ‘Abd al-Wadud). After that the divorced woman’s nikah took place with Riyaz al-Din. After the ‘idda had ended, Riyaz al-Din, having kept her in his nikah for one night, gave talaq, and when the ‘idda ended she was married to the first husband, ‘Abd al-Wadud.

Answer

After three talaqs, when (the woman), having observed the ‘idda, has had relations with another man, and then talaq comes from his side and the ‘idda ends — then a renewed nikah is permitted for the first husband. If the second husband did not have intercourse, she by no means becomes lawful for the first husband.

Source: Fatawa Mahmudiyya

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