Husband making his wife unlawful for him like Makkah is unlawful for the Jews

Q: A man said to his wife "You are divorced. You are unlawful for me just as Makkah is unlawful for the Jews (i.e. They are forbidden from entering it)." He, then, revoked the Talaq (divorce pronounced by a husband) in the presence of witnesses. The revocation was made directly after Talaq. Is the wife lawful for him?


A: The husband's saying to his wife "You are divorced" counts as one pronouncement of Talaq. If this has not been the third pronouncement of Talaq, his revocation is valid and there is no need for her consent or the conclusion of a new marriage contract. If this has been the third pronouncement of Talaq, the wife will not be lawful for her ex-husband until she marries another man and consummates the marriage and she is then divorced and her `Iddah (woman's prescribed waiting period after divorce) expires. These procedures should take their normal course and Talaq should not be done deliberately just to legalize her marriage with her ex-husband. As for the husband's saying "You are unlawful for me just as Makkah is unlawful for the Jews," if the Talaq has been the third one, his wife will be regarded as a non-Mahram (not a spouse) for him and, thus, his statement will have no effect. If it has not been the third pronouncement of Talaq, the husband's statement will be considered a form of Zhihar (a man likening his wife to an unmarriageable relative). Accordingly, he must pay Kaffarah (expiation) for Zhihar, which is emancipating a believing slave. If he cannot find one, he should observe Sawm (Fast) for two consecutive months. If he is unable to do this, he must feed sixty Miskins (needy persons); each is given half a Sa` (1 Sa`=3 kg. Approx.) of the staple food available. It is not permissible for him to approach her before fulfilling the Kaffarah of Zhihar. (Part No. 20; Page No. 270) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.


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