Nikah on Condition of Tahlil, for a Fee, for a Fixed Term, and Nikah Mut‘a

Question

Question: (1) Zayd, in order to marry the thrice-divorced woman, resorts to a stratagem (hila) and has his divorced wife married to ‘Amr by giving money, but with two conditions: that he pronounce talaq at the end of two days, and that he not have intercourse. Accordingly, ‘Amr fulfilled both of these conditions. Now the question is: is it permissible by the Shari‘a for Zayd to marry this same woman again or not? (2)

Answer

(1) The lawfulness of a thrice-divorced woman for the first husband is conditional upon two conditions. The first is that the woman enter into a second nikah with a second husband. The second is that this husband have intercourse with her. Then, if a Shar‘i separation occurs between the two by reason of talaq, khul‘, the death of the husband, etc.

Source: Fatawa Mahmudiyya

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