Legalizing a Divorced Woman to Her Husband

“I once asked one of the two Imam, (abu Ja’far or abu ‘Abd Allah), ‘Alayhim al-Salam, about the case of a man who divorced his wife three times; then another man formed Mut‘ah with her if thereafter she can become lawful for him. He (the Imam) said, ‘No, it ( Mut‘ah ) is not enough.’”

“This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who divorces his wife as such that thereafter he cannot marry her without her marriage with another man but a man marries her in the manner of Mut‘ah; if thereafter he can marry her. He (the Imam) said, ‘No, until she enters into what is similar to what from which she has come out.’”

“This is concerning my question before abu ‘Abd Allah, Alayhi al-Salam, about the case of a man who divorces his wife in such a way that he cannot remarry her before her marriage with another man, then a slave marries and divorces her; if divorce is destroyed (restriction due to three divorces). He (the Imam) said, ‘Yes, because of the words of Allah, most Majestic, most Glorious, in His book, “. . . until she marries a husband other than him.” (2:230) He (the Imam) said, ‘He is one of the husbands.’”

“This is concerning my question before abu ‘Abd Allah, Alayhi al-Salam, about the case of a man who divorces his wife in such a way for which he cannot remarry her without her marriage with another man, then another man marries her and does not go to bed with her. He (the Imam) said, ‘No, it is not enough until he tastes her honey.’”

“This is concerning my question before abu ‘Abd Allah, Alayhi al-Salam, about the case of a man who divorces his wife once, then leaves her alone until waiting period is complete; then another man marries her, then the man dies or divorces her and the first husband comes back to her. He (the Imam) said, ‘She can live with him for the two remaining divorces.’”

“‘Abd Allah ibn Muhammad once wrote to abu al-Hassan, Alayhi al-Salam, saying that certain persons of our people have narrated from abu ‘Abd Allah, Alayhi al-Salam, about the case of a man who divorces his wife according to the book and Sunnah and she becomes stranger for him after the first divorce; then marries another man who dies or divorces her and she goes back to her first husband to live with him for the two remaining divorces when one (divorce) has passed. He (the Imam) signed with his handwriting, ‘What they have narrated is true.’ A certain ones of them have narrated that she can live with him for three divorces in future and this divorce is not counted because she married another husband. He (the Imam) signed the answer in his handwriting, ‘No, that is not the case.”’