Halala by a Mere Nikah — and That Within the ‘Idda

Question

Question: My brother, for some reason, gave his wife three talaqs. She is two months pregnant, and there are three children. Now my brother is severely distressed; we fear he may commit suicide. A respected religious scholar told us: “Without ‘idda, marry her to someone else, and then let him divorce her; there is no need for his ‘idda either; then marry her to your brother.” Will the nikah be valid in this way?

Answer

What you were told — that the nikah be performed without ‘idda — is not a ruling of the Shari‘a but a game of dolls. This must by no means be done: by it neither will the nikah be valid, nor will that woman become lawful for your brother. When the child is born, the ‘idda will end at that time. After that she should be married to another man, (and)

Source: Fatawa Mahmudiyya

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