[Q 683] Halala: Condition vs. Intention

Question

Is halalah valid in any way?
For example if a woman marries a man with the intention or condition between themselves of divorcing (After intercourse) for the sake of making her first husband lawful to remarry?

بسم الله الرحمن الرحيم
الجواب بعون الملك الوهاب اللهم هداية الحق والصواب

Answer

Firstly, it should be remembered that if a woman is given three divorces according to Shariah, then the husband and wife become unlawful for each other and become like strangers to each other. It is not permissible for them to live together according to Shariah. The woman then has the right, after her ‘iddah, to marry someone else while keeping the rulings and conditions of marriage in mind. In this regard, the man cannot compel the woman in any way. Yes, if the woman marries someone else after her ‘iddah, and after marital relations (intercourse, which includes wati, after a valid nikah) are established with this second husband, if she is then divorced by him, or if this second husband passes away, then after completing her ‘iddah of divorce or death, that woman and her first husband can enter into a new nikah if they wish to, provided there is a strong presumption that they will uphold the limits of Allah and properly fulfill each other’s rights in the newly commencing marital life. (This is what is called halala). Other than this, the woman cannot become lawful for her former husband in any way. This very point is clearly stated in the Holy Qur’an:

وَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِن بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُ ۗ فَإِن طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَا أَن يَتَرَاجَعَا إِن ظَنَّا أَن يُقِيمَا حُدُودَ اللَّهِ ۗ وَتِلْكَ حُدُودُ اللَّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ
(Qur’an, 2:230)

As for the Hadith mentioning a curse upon the one who performs halala, its meaning has been explained as follows: if the condition of halala is mentioned in the marriage contract – for example, if one says, “I marry you on the condition that I make you lawful for so-and-so” – or if the woman states it in the marriage contract, then in such a case, one would be deserving of the warning of the curse. However, if the condition of halala is not stipulated at the time of nikah, and it is merely an intention in the heart, then there is no harm or sin in this situation, and this case has no relation to zina.

It is stated in Durr al-Mukhtar:

۔ (کرہ) التزوج للثانی (تحریما) لحدیث لعن اللہ المحلل و المحلل لہ (بشرط التحلیل) کتزوجتك علی ان احللک ۔ ۔ ۔ (اما اذا اضمرا ذلك لا) یکرہ (و کان) الرجل (ماجورا) لقصد الاصلاح

Translation: Marrying the second person tahriman (prohibitively disliked) on the condition of halala, for example, saying, “I marry you on this condition that I will make you lawful for (the first husband),” is makruh tahrimi (prohibitively disliked) for the second person. This is because a pure Hadith states that Allah عزوجل has cursed the one who performs halala and the one for whom halala is performed. However, if both have the intention of halala in their hearts, then it is not makruh, and the second person will be rewarded for the intention of reconciliation.

(Durr al-Mukhtar ma’a Rad al-Muhtar, vol. 5, p. 51, 52, Matbu’ah Quetta)

It is stated in Fatawa Ridawiyyah:
Conditions are one thing, and intention is another. A condition is when it is stipulated in the marriage contract; this is unlawful and a sin, and such a person performing halala is cursed in Hadith. Intention, however, is when one has the intention in their heart but does not stipulate it as a condition; this is permissible, and there is hope for reward for it.

(Fatawa Ridawiyyah, vol. 12, p. 409, Raza Foundation, Lahore)

Answered by: Mubashshir Madani (AskMufti Scholar)
Verified by: Mufti Sajid Attari
Translated answer
Date: 26th July 2026