Is it permissible for a man to marry his divorced wife after she marries another man in a "tahlil" (halala) marriage (a temporary, symbolic marriage meant to make her permissible for her former husband), and then this husband dies?
If a man divorces his wife with a triple divorce, she is not lawful for him until she marries another husband. The second husband must consummate the marriage, due to Allah's saying: (And if he has divorced her [for the third time], then she is not lawful to him afterward until she marries another husband) [Al-Baqarah: 230], and the Hadith of Aisha, may Allah be pleased with her, that the Prophet, peace and blessings be upon him, said: "No, until you taste his 'usailah [i.e., sexual intercourse], and he tastes your 'usailah." The tahleel marriage, whether agreed upon or intended by the second husband with the aim of making her lawful for her first husband, is not valid, even if the second husband consummates the marriage. It is void and forbidden. However, if the intention for tahleel is solely from the wife and the second husband is unaware of it, then the marriage is valid if he consummates it with her and then divorces her or dies. Paying money to the second husband for him to accept the marriage contract is evidence of his knowledge of the intention for tahleel, which makes it a forbidden tahleel marriage.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/4815