Surah Al Baqarah Tafseer

فَإِن طَلَّقَهَا فَلَ تَحِلُّ لَهُ مِن بَعْدُ حَتَّىَ تَنكِحَ زَوْجًا غَيْرَهُ

And if he has divorced her (the third time), then she is not lawful for him thereafter until she has married another husband.

This Ayah indicates that if the man divorces his wife for the third time after he divorced her twice, then she will no longer be allowed for marriage to him.

Allah said:

حَتَّىَ تَنكِحَ زَوْجًا غَيْرَهُ

until she has married another husband.

meaning, until she legally marries another man.

For instance, if she has sexual intercourse with any man, even her master (if she was a servant), she would still be ineligible for marriage for her ex-husband (who divorced her thrice), because whomever she had sexual relations with was not her legal husband.

If she marries a man without consummating the marriage, she will not be eligible for her ex-husband.

Muslim reported that Aishah said that;

Allah's Messenger was asked about a woman who marries a man who thereafter divorces her (thrice). She then marries another man and he divorces her before he has sexual relations with her, would she be allowed for her first husband?

Allah's Messenger said:

لَاا حَتَّى يَذُوقَ عُسَيْلَتَهَا

No, until he enjoys her Usaylah (sexual relation).

Al-Bukhari also reported this Hadith.

Imam Ahmad recorded that Aishah said,

"The wife of Rifa`ah Al-Qurazi came while I and Abu Bakr were with the Prophet and she said, `I was Rifa`ah's wife, but he divorced me and it was an irrevocable divorce. Then I married Abdur-Rahman bin Az-Zubayr, but his sexual organ is minute like a string.' She then took a small string of her garment (to resemble how small his sexual organ was).

Khalid bin Sa`id bin Al-`As, who was next to the door and was not yet allowed in, said, `O Abu Bakr! Why do you not forbid this (woman) from what she is revealing frankly before the Prophet?'

The Prophet merely smiled. Then, Allah's Messenger asked her:

كَأَنَّكِ تُرِيدِينَ أَنْ تَرْجِعِي إِلى رِفَاعَةَ لَاأ حَتَّى تَذُوقِي عُسَيْلَتَهُ وَيَذُوقَ عُسَيْلَتَك

Do you want to remarry Rifa`ah? You cannot unless you experience his Usaylah and he experiences your Usaylah (i.e., had a complete sexual relation with your present husband)."

Al-Bukhari, Muslim, and An-Nasa'i also recorded this Hadith.

Muslim's wording is "Rifa`ah divorced his wife for the third and final time."

The word Usaylah mentioned in the Hadith,

means sexual intercourse.

Imam Ahmad and An-Nasa'i reported that Aishah said that Allah's Messenger said:

أَلَا إِنَّ الْعُسَيْلَةَ الْجِمَاع

Usaylah is sexual intercourse.

The Curse on the Participants of Tahlil/Halalah

The reason for the woman (who was divorced thrice) to marry another man must be that the man desires her and has the intention of having an extended married life with her. These are the legal goals and aims behind marriage. If the reason behind the second marriage was to make the woman eligible for her ex-husband again, then this is the Tahlil that the Hadiths have cursed and criticized.

In addition, when the reason behind this marriage (if it was Tahlil) is announced in the contract, it would make the contract invalid according to the majority of the scholars.

Imam Ahmad reported that Abdullah bin Mas`ud said,

"Allah's Messenger cursed the one who does Tahlil, the one in whose favor it is done, those who eat Riba (usury) and those who feed it (pay the usury)."

At-Tirmidhi and An-Nasa'i reported this Hadith and At-Tirmidhi said, "This Hadith is Hasan."

He said, "This is what is acted upon according to people of knowledge among the Companions, among whom are Umar, Uthman and Ibn Umar.

It was also the saying of the scholars of Fiqh among the Tabi`in (second generation of Islam). And it has been reported from Ali, Ibn Mas`ud and Ibn Abbas."

In his Mustadrak, Al-Hakim reported that Nafi said:

"A man came to Ibn Umar and asked him about a man who divorced his wife three times. Then, his brother married her to make Tahlil for his brother, without the brother knowing this fact. He then asked, "Is she allowed for the first (husband)?"

He said, "No, unless it is a marriage that involves desire. We used to consider this an act of adultery during the time of Allah's Messenger."

Al-Hakim said, "This Hadith has a Sahih chain although they (Al-Bukhari and Muslim) did not record it."

The wording of this Hadith indicates that the ruling came from the Prophet.

Abu Bakr bin Abu Shaybah, Al-Jawzjani, Harb Al-Kirmani and Abu Bakr Al-Athram said that Qabisah bin Jabir said that Umar said,

"If the participants to Tahlil are brought to me, I will have them stoned."

When does a Woman who was divorced Three Times become Eligible for Her First Husband

Allah said:

فَإِن طَلَّقَهَا

And if he has divorced her,

meaning, the second husband after he had complete sexual relations with her.

فَلَ جُنَاحَ عَلَيْهِمَا أَن يَتَرَاجَعَا

it is no sin on both of them that they reunite,

meaning, the wife and her first husband.

إِن ظَنَّا أَن يُقِيمَا حُدُودَ اللّهِ

provided they feel that they can keep the limits ordained by Allah.

meaning, they live together honorably.

Mujahid said,

"If they are convinced that the aim behind their marriage is honorable."

Next, Allah said:

وَتِلْكَ حُدُودُ اللّهِ

These are the limits of Allah,

His commandments and legislation.

يُبَيِّنُهَا

He makes plain,

لِقَوْمٍ يَعْلَمُونَ

for the people who have knowledge