Halaalah
Question
Respected mufti saheb this question is very urgent as the couple are about to engage in this action. Under what conditions is it permissible to engage in Halaala?
Answer
If the halaala is not prearranged, it will be permissible (i.e. if a person, of his own accord, marries a woman with the intention of making her halaal for her previous husband, thereafter he consummates the nikah and without any force and coercion, he divorces her. After the iddat period, she will be halaal for her previous husband). However, if the halaala is prearranged by the respective parties, it will be impermissible. Nabi (Sallallahu Alaihi Wasallam) cursed the one who carries out the halaala, and those who arrange the halaala”.
References (Arabic / Urdu sources)
عن الشعبي عن جابر بن عبد الله وعن الحارث عن علي قالا : إن رسول الله صلى الله عليه و سلم لعن المحل والمحلل له. (ترمذي 1/213)
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/2249
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-2249
People also ask
How does a husband take his wife back after talaaq?
“If the halaalah was pre arranged between the first husband and the person who did the halaalah (second husband), then this is not permissible and is a major sin. The hadith has explained that both people are cursed by Allah…”
Mufti Online · 84 fatawa from 5 Darul Iftas on this
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