Marriage during the ‘Idda for the Sake of Halala

Question

Question: Zayd, in a state of anger, gave his wife three talaqs, but it turned out that Zayd’s wife was menstruating at the time. Then, for reasons of expediency, Zayd had her married during the ‘idda to a friend of his for the sake of halala, so that Hinda would not become averse to him. Is this second nikah valid or not? (2) Zayd had Hinda married to his friend Khalid for the sake of halala; after the nikah Khalid also had intercourse with her. Is this nikah and the rest valid or not?

Answer

A talaq given during menstruation (hayd) also takes effect, although the husband becomes sinful by doing so. Likewise, giving three talaqs at once is also a sin, but they too take effect. Therefore in the case asked about a major (mughallaza) divorce has come about, and there is no way to keep her without halala.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.