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Monday, March 24, 2014

Fathwa, - Situations that make a wife forbidden for her husband

Question
When a girl )wife( become maharam or haaraam for her husband?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that
Muhammadis His slave and Messenger.
In principle, a husband and wife remain married and a wife does not
become forbidden for her husband unless something which entails a
separation between them takes place such as divorce, orLi'aan.Li'aan,
which is when both spouses make an oath that he/she is truthful in
his/her claim and then invoke the curse of Allaah on the one who is
lying. This takes place when the husband accuses his wife with
adultery, and is done in front of the ruler or the judge. By invoking
this curse on each other, the wife becomes permanently forbidden for
her husband.
Similarly, Thihaar, which is the saying of the husband to his wife
"You are like my mother to me", meaning that ''You are forbidden upon
me exactly like my mother'' then his wife becomes temporary forbidden
until he expiates his sin in accordance with the saying of Allaah
)which means(: }And those who make unlawful to them )their wives( )by
Thihaar( and wish to free themselves from what they uttered, )the
penalty( in that case )is( the freeing of a slave before they touch
each other. That is an admonition to you )so that you may not return
to such an ill thing(. And Allaah is All-Aware of what you do. And he
who finds not )the money for freeing a slave( must fast two successive
months before they both touch each other. And for him who is unable to
do so, he should feed sixty of poor people.{]Quran 58:3[.
Additionally, it should be noted that a husband may be forbidden from
having sexual intercourse with his wife while she is still considered
his wife, for instance, when she is in menses or in post partum
bleeding, as Allaah Says )what means(: }They ask you concerning
menstruation. Say: that is an Adha )a harmful thing for a husband to
have a sexual intercourse with his wife while she is having her
menses(, therefore keep away from women during menses and go not unto
them till they have purified )from menses and have taken a bath(. And
when they have purified themselves, then go in unto them as Allaah has
ordained for you )go in unto them in any manner as long as it is in
their vagina(.{]Quran 2: 222[.
To conclude, it should be noted that if the divorce is revocable, like
the first or second divorce, then it is permissible for the husband to
go back his wife as long as she is in her waiting period, but if her
waiting period finished, he can re-marry her but with a new marriage
contract. However, if it is the third divorce, then she becomes
forbidden for him until she marries another man who divorces her after
consummating the marriage with her. Consequently, her first husband
may re-marry her ]with a new contract and a new dowry[, after she
observes the waiting period of her divorce from her second husband.
Allaah Knows best.

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