A man divorced his wife thrice (by expressing his decision to divorce her thrice), then she married another man who also divorced her. The Prophet (ﷺ) was asked if she could legally marry the first husband (or not). The Prophet (ﷺ) replied, "No, she cannot marry the first husband unless the second husband consummates his marriage with her, just as the first husband had done."
Tafsir of Sahih al-Bukhari 5261: The Prohibition of Remarriage After Triple Divorce
This narration from the Book of Divorce in Sahih al-Bukhari addresses the critical Islamic ruling concerning triple divorce (ṭalāq al-thalāth) and the conditions for remarriage to the first husband. The scenario presents a woman who received three pronouncements of divorce from her husband, subsequently married another man who also divorced her, and the question arose regarding her permissibility to return to her first husband.
The Ruling of Triple Divorce
When a man pronounces three divorces upon his wife, either in a single statement or separated statements, this constitutes an irrevocable divorce (al-ṭalāq al-bā'in) according to the consensus of the classical scholars. The marital bond is completely severed, and she becomes unlawful for him to remarry.
The only path for such a couple to reunite in marriage is through the procedure outlined in the Qur'an (Surah Al-Baqarah 2:230): she must marry another man in a valid marriage, this second marriage must be consummated, and then if this second husband naturally divorces her or passes away, she may remarry her first husband after completing her waiting period ('iddah).
The Wisdom Behind the Prohibition
This divine legislation serves multiple purposes of wisdom (ḥikmah). It prevents the trivialization of divorce by making the process serious and consequential. It provides a cooling-off period and encourages thoughtful consideration before severing marital ties. Furthermore, it establishes clear boundaries to prevent manipulation of Islamic divorce laws.
The requirement of an intervening marriage with consummation ensures that the separation is genuine and not merely a procedural formality to circumvent the prohibition of immediate remarriage after triple divorce.
Conditions for the Intervening Marriage (al-Muḥallil)
The second marriage must be a genuine marital contract with proper intention (niyyah), not merely a temporary arrangement for the purpose of making the woman permissible to her first husband. Classical scholars emphasize that any marriage contracted with the explicit condition of subsequent divorce for this purpose is invalid and sinful.
Consummation of the second marriage is essential, as clearly stated in the hadith. Mere contract without consummation does not fulfill the condition for remarriage to the first husband. The second divorce must also occur naturally, not by pre-arrangement.
Scholarly Consensus and Application
This ruling represents the unanimous position of the early generations of Muslims and the four orthodox schools of Islamic jurisprudence. The prohibition remains in effect regardless of whether the three divorces were pronounced simultaneously or separately, during one period of purity or multiple periods.
This hadith serves as a foundational text in Islamic family law, protecting the sanctity of marriage while providing a carefully regulated path for reconciliation in cases of irrevocable divorce, thereby balancing divine commandments with human circumstances.