He divorced her a third time during a period of purity in which he had had intercourse with her

I divorced my wife for the 3rd time during an extreme anger outburst today. I have never been so angry and lost control of my normal thinking due to the anger.
The divorce also took place during a period of purity wherein I have had intercourse with my wife.
I regretted what I said very soon after I pronounced the divorce.
Can you please tell me whether the marriage is still valid, or is it finished now?.

Praise be to Allaah.

Firstly:

Divorce (talaaq) as prescribed in Islam is that in which a man divorces his wife during a period of purity in which he has not had intercourse with her. If he divorces her when she is menstruating or bleeding following childbirth (nifaas), or during a period of purity in which he has had intercourse with her, then this is an innovated divorce (talaaq bid‘i)

The fuqaha’ differed as to whether it counts as such. The majority are of the view that it does count as such, but some are of the view that it does not, because it is a haraam, innovated divorce, and Allah, may He be exalted, says (interpretation of the meaning): “O Prophet (SAW)! When you divorce women, divorce them at their Iddah (prescribed periods)” [at-Talaaq 65:1]. What is meant is: when they are pure (not menstruating) and their husbands have not had intercourse with them. Among those who were of this opinion was Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him), who was followed by a number of scholars.

It says in Fataawa al-Lajnah ad-Daa’imah (20/58): There are several types of innovated divorce (talaaq bid‘i), such as when a man divorces his wife when she is menstruating or bleeding following childbirth (nifaas), or during a period of purity in which he has had intercourse with her. The correct view is that this does not count as such. End quote.

Based on that, if you divorce your wife during a period of purity in which you have had intercourse with her, then it does not count as such according to the more correct view. Continue reading

Advertisements

Her father forced her to get married; is this marriage valid and what is the ruling on intercourse in this case?

If a girl is married to a person which is not of his choice and the girl signed the nikah unwillingly by the force or fear of his father. so did this nikah happen or not .1. and no to. if the same girl refuse his husband for doing intercourse and the husband do it forcely so what is this. is this haram zana or jaiz.

Praise be to Allaah.

Firstly:

It is haraam for the guardian (wali) of the woman to force her to marry someone she does not want and does not like, because the Prophet (blessings and peace of Allah be upon him) said: “The virgin should not be given in marriage until her permission has been sought.” Narrated by al-Bukhaari, 6968; Muslim, 1419.

The apparent meaning is that this is general and applies to every virgin and every guardian; there is no difference between a father or any other guardian, hence al-Bukhaari interpreted the hadeeth by saying: “Chapter: The father or other guardian should not give a virgin or previously married woman in marriage except with their consent.”

The woman’s guardian has to fear Allah with regard to his daughters and not give them in marriage to anyone except those with whom they are pleased from among men who are compatible and suitable. The guardian should only give her in marriage for her interests, not for his own. Continue reading

Is it mustahabb for the woman to do wudoo’ before having intercourse a second time, as it is the man?

In one of your fatwas you say, the man should say a duaa before having sexual intercourse with his wife and also that he should do Wudoo if he has sexual intercourse more than once. Does same apply also to the woman? Can she also say the duaa, when the man is too “distracted”?.

Praise be to Allaah.

Firstly:

The du‘aa’ that is to be said before having intercourse is prescribed for the man, but there is nothing wrong with the woman saying it. See the answer to question no. 95742 . Continue reading

What must be done by one who spoils ‘Umrah by having intercourse

I live in Saudi and my wife came from outside Saudi. We met in Jeddah when we were in ihram for ‘Umrah only, and we went to Makkah. In the hotel intercourse took place before ‘Umrah, then we went to at-Tan‘eem and entered ihram, and we did a new ‘Umrah. What is the ruling?.

Praise be to Allaah.

It is not permissible for one who is in ihram for Hajj or ‘Umrah to have intercourse until he or she has exited ihram. If a person has intercourse during ‘Umrah, before completing saa‘i, the ‘Umrah is invalidated, but he has to carry on and complete it, then make it up by entering ihram from the place he entered it the first time, as well as sacrificing a sheep on behalf of each of you, to be slaughtered in Makkah and its meat distributed to the poor (of that city).

With regard to intercourse after saa‘i and before shaving the head or cutting the hair, it does not invalidate ‘Umrah, but fidyah (ransom or expiation) must be offered for that, with a choice (between offering a sacrifice, fasting for three days or feeding six poor persons).  Continue reading

Being intimate with one’s wife when fasting without having intercourse

What is the ruling concerning the one who slept with him wife during the day in Ramadaan without wearing any clothes and the genitals touched one another but there was no penetration?.

Praise be to Allaah.

If there is no penetration and no emission of maniy (semen), then your fast is valid and you do not have to do anything else.

As for madhiy (prostatic fluid), emission thereof does not invalidate the fast according to the more correct of the two scholarly opinions, which is the view of Abu Haneefah and al-Shaafa’i (may Allaah have mercy on them). See also question no. 37715.

The fasting person may play with his wife, kiss her, embrace her and touch her, if he is certain that he will not ejaculate or have intercourse. See question no. 49614.

And Allaah knows best. Continue reading

Intercourse with female prisoners of war

At the present time, is it Halal to have a sexual intercourse with your Loundi (a female prisoner of war) without getting married to her?.

Praise be to Allaah.

It is not permissible for a man to have intercourse with anyone except his wife or his female slave (concubine). A wife becomes permissible after shar’i marriage and a concubine becomes permissible to the man who owns her. She may originally be a prisoner of war, and a Muslim may obtain a concubine from the ruler or commander if he took part in fighting in jihad, or if he buys her from her owner. She becomes permissible for him by virtue of his ownership after it is established that she is not pregnant by waiting for one menstrual cycle, or until she has given birth if she is pregnant.  Continue reading

Intercourse with a slave woman is not regarded as zina (adultery)

Hadith 3.718 : I saw Abu Said and asked him about coitus interrupts. Abu Said said, “We went with Allah’s Apostle, in the Ghazwa of Bani Al-Mustaliq and we captured some of the ‘Arabs as captives, and the long separation from our wives was pressing us hard and we wanted to practice coitus interruptus. We asked Allah’s Apostle (whether it was permissible). He said, “It is better for you not to do so. No soul, (that Allah has) destined to exist, up to the Day of Resurrection, but will definitely come into existence.”
Does this mean that the Companions of the Prophet (SAW) didn’t commit adultery when they practiced ‘azl with the captive girls?.

Praise be to Allaah.

Firstly:

This hadeeth was narrated by al-Bukhaari (2542) from Ibn Muhayreez who said: I saw Abu Sa’eed (may Allaah be pleased with him) and I asked him. He said: We went out with the Messenger of Allaah (peace and blessings of Allaah be upon him) on the campaign of Banu al-Mustaliq, and we captured some prisoners from among the Arabs. We desired women and the period of abstention was hard for us, and we wanted to engage in ‘azl (coitus interruptus). We asked the Messenger of Allaah (peace and blessings of Allaah be upon him) and he said, “There is no point in doing that, for there is no soul which Allaah has decreed should exist until the Day of Resurrection but it will come into existence.”
According to another report, They captured some female prisoners and wanted to be intimate with them without them becoming pregnant. They asked the Prophet (peace and blessings of Allaah be upon him) about ‘azl and he said, “There is no point in doing that, for Allaah has decreed who should be created until the Day of Resurrection.”  Continue reading

It is not permissible for a master to have intercourse with his married slave woman

Is a man permitted to have sexual intercourse with a slave woman who is married?

Praise be to Allaah.

It is not permissible for a man to have intercourse with his slave woman who is married; whoever does that has committed a haraam (forbidden) action and is to be punished.

Ibn Qudaamah said in al-Mughni: if he marries off his slave woman, then it is forbidden for him to have intercourse with her… There is no doubt and no dispute concerning the prohibition on his having intercourse with her, for she is now permissible to her husband, and no woman can be permissible to two men. If he has intercourse with her then he is guilty of sin and must be punished. Ahmad said, he should be flogged but not stoned, i.e., his punishment (ta’zeer) should take the form of flogging.

Vol. 9, p. 497. Continue reading

Ruling on having intercourse with a slave woman when one has a wife

Could you please clarify for me something that has been troubling me for a while. This concerns the right of a man to have sexual relations with slave girls. Is this so? If it is then is the man allowed to have relations with her as well his wife/wives. Also, is it true that a man can have sexual relations with any number of slave girls and with their own wife/wives also? I have read that Hazrat Ali had 17 slave girls and Hazrat Umar also had many. Surely if a man were allowed this freedom then this could lead to neglecting the wife’s needs. Could you also tell clarify wether the wife has got any say in this matter.

Praise be to Allaah.

Islam allows a man to have intercourse with his slave woman, whether he has a wife or wives or he is not married.

A slave woman with whom a man has intercourse is known as a sariyyah (concubine) from the word sirr, which means marriage.

This is indicated by the Qur’aan and Sunnah, and this was done by the Prophets. Ibraaheem (peace be upon him) took Haajar as a concubine and she bore him Ismaa’eel (may peace be upon them all).

Our Prophet (peace and blessings of Allaah be upon him) also did that, as did the Sahaabah, the righteous and the scholars. The scholars are unanimously agreed on that and it is not permissible for anyone to regard it as haraam or to forbid it. Whoever regards that as haraam is a sinner who is going against the consensus of the scholars.  Continue reading

She did ‘Umrah and forgot to cut her hair, and her husband had intercourse with her

I was with my wife in Mecca to perform ‘Umrah. After we returned to our home we had intercourse. Then my wife remembered that she did not exit Ihram. What is the ruling on this?.

Praise be to Allaah.

Shaving the head or cutting the hair is one of the obligatory duties of ‘Umrah, and the one who forgets it should do it when he remembers. If he did any of the things that are forbidden when in ihraam before that, out of ignorance or because he forgot, then he does not have to do anything, according to the most correct scholarly opinion.

Based on that, your wife has to cut her hair now, and thus she will exit ihraam from her ‘Umrah, and she does not have to do anything because of the intercourse that took place, because she only did that because she thought that she had exited ihraam following ‘Umrah.  Continue reading