Sahih al-Bukhari 5260: The Case of Rifa'a's Wife

This narration from Sahih al-Bukhari addresses fundamental principles of Islamic divorce law, specifically the rulings concerning irrevocable divorce and the conditions for remarriage to a former husband.

Scholarly Commentary on the Hadith

The case presented involves a woman who received a final, irrevocable divorce (talāq bā'in) from her first husband Rifa'a. In Islamic jurisprudence, when a man pronounces three divorces, the marriage is completely terminated and the woman becomes unlawful for him until she marries another man in a valid marriage.

The Prophet's ruling demonstrates that merely contracting a second marriage is insufficient to make the first husband permissible again. There must be actual consummation (dukhūl) in the second marriage. This requirement serves as a divine wisdom to prevent Muslims from treating divorce and marriage lightly.

The phrase "proved to be impotent" indicates that the second marriage was validly contracted but the husband was unable to fulfill his marital duties. Nevertheless, the legal requirement remains that the marriage must be consummated before the woman can return to her first husband.

Legal Implications and Wisdom

This ruling establishes that the prohibition after triple divorce is so severe that it cannot be circumvented by a symbolic second marriage. The requirement of actual consummation ensures the second marriage is genuine.

Scholars explain this ruling protects the sanctity of marriage and prevents manipulation of divorce laws. It discourages using temporary marriages merely to make an ex-wife permissible again, thereby respecting the gravity of the divorce pronouncement.

The case falls under the chapter of "Divorce" in Sahih al-Bukhari, highlighting how Islamic law provides comprehensive guidance for marital disputes while maintaining justice and preventing exploitation of religious rulings.