Nikah of a Thrice-Divorced Woman without Halala

Question

Question: A man married a woman divorced by three talaqs or divorced by an irrevocable (ba’in) talaq during the ‘idda, but he had neither intercourse nor valid seclusion (khalwa sahiha) with her, nor did he even touch her with his hand; moreover, the woman too, thinking that she was in ‘idda, did not use any of these: oil, kohl, or clothes dyed with safflower or saffron. After the period of ‘idda ends, is intercourse on the basis of the nikah contracted during the ‘idda lawful or unlawful?

Answer

This nikah was not valid; separating from her (mutaraka) is wajib, and after the ‘idda the nikah should be contracted anew — then intercourse will be lawful.

Source: Fatawa Mahmudiyya

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