In the name of Allah, the Most Beneficent, the Most Merciful.

Third Divorce and Returning to the First Husband

Allah, the Most High, clarified the rulings of divorce in the Qur’an to prevent harm and oppression and to establish justice between spouses.

During the jahiliyah and at the beginning of Islam, a man could divorce his wife without limit. If he wanted to harm her, he would divorce her, and when her waiting period was about to end, he would take her back, then divorce her again, and continue this cycle indefinitely. This would cause great harm to the woman.

This page rests on Shaykh ‘Abdur-Rahman ibn Nasir as-Sa’di’s Tafsir as-Sa’di on Surah al-Baqarah 2:229-230, on Shaykh Muhammad ibn Salih al-Uthaymeen’s The Book of Marriage, and on Islamic Fatawa Regarding Women.

Divorce Is Pronounced Only Twice

So Allah limited divorce and said:

“Divorce may be pronounced twice; then the wife should either be retained honourably or be released gracefully.”

(Surah al-Baqarah 2:229)

This means that the divorce which allows taking the wife back is only twice. This gives the husband a chance to reconsider and correct himself. If he exceeds this, then it is either a person going beyond what is allowed or someone who does not truly want to keep his wife, but rather intends harm.

Because of this, Allah commanded that a man either keeps his wife with good treatment and proper conduct, or separates from her in a good manner, without oppression, and without taking anything from her wealth unjustly. The only exception is the case of khula’, where the woman seeks separation due to dislike or fear of not fulfilling the rights of Allah, and gives compensation for that.

These Are the Limits of Allah

Allah then described these rulings as His limits:

“These are the limits ordained by Allah, so do not transgress them; if any do transgress the limits ordained by Allah, it is they who are the wrongdoers.”

(Surah al-Baqarah 2:229)

The Third Divorce

Then Allah clarified the ruling of the third divorce:

“And if he divorces her [the third time], she will not be lawful for him again until she has married another husband.”

(Surah al-Baqarah 2:230)

This means that after the third divorce, the woman becomes unlawful for her first husband. She cannot return to him unless she marries another man.

The Conditions of the Second Marriage

This second marriage must be a valid and genuine marriage. It must include a correct contract and actual consummation, as marriage in the legislation is not complete without both. It is also a condition that the second marriage is a real marriage based on desire, not done as a trick to make her lawful for the first husband. If it is done with the intention of making her permissible for the first husband, then it is not a valid marriage for this purpose and does not make her lawful again.

The Sunnah confirms the condition of consummation. Shaykh Ibn Uthaymeen records the narration of ‘Aishah:

“A person divorced his wife by three pronouncements. Then another person married her and he also divorced her without having consummation. Then her first husband intended to remarry her. It was about such a case that Allah’s Messenger ﷺ was asked. Whereupon he ﷺ said, ‘No, until the second one has tasted her sweetness as the first one had tasted.’”

(Related by Bukhari and Muslim, but this wording is related by Muslim: Bukhari (5261), Muslim (1433). The Book of Marriage, Hadith 1004, printed p. 284)

And a Tahlil marriage is invalid and ineffective, even with consummation (The Book of Marriage, printed p. 289).

Returning to the First Husband

If that second marriage later ends, Allah says:

“Then if [the latter] divorces her, there is no blame on either of them if they return to each other, provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah, which He makes clear to those who understand.”

(Surah al-Baqarah 2:230)

If the second husband marries her sincerely, and then later divorces her, and her waiting period finishes, then there is no blame upon her and her first husband to return to one another. However, this return is not automatic. It requires a new marriage contract and mutual agreement.

It is also a condition that both of them think they will be able to establish the limits of Allah. This means fulfilling each other’s rights and avoiding the previous behavior that led to separation. If they believe that the same problems will continue, then returning to each other is not allowed, because entering into matters where the limits of Allah will not be upheld is not permissible.

Shaykh Ibn Uthaymeen notes in The Book of Marriage that if the woman returns to her former husband after a lawful marriage, the count begins afresh: he has the right to divorce three times, and the previous divorces do not count (The Book of Marriage, printed p. 272).

A Principle Drawn From These Verses

From this, a general principle is understood. A person should not enter into any matter, whether small or large, unless he believes he can fulfill what Allah has required in it. If he sees that he is capable, he proceeds. If not, he should refrain.

Allah concluded these rulings by saying that these are His limits which He has clearly explained for those who have knowledge. This shows the virtue of knowledge, because those who understand these limits benefit from them and guide others.

Divorce Has a Prescribed Time

The Sunnah further clarifies this ruling. It is reported from Ibn ‘Umar that he divorced his wife while she was menstruating during the lifetime of the Messenger of Allah ﷺ. When the Messenger of Allah ﷺ was informed of that, he became angry and said:

“Order him to return to her and then leave her until she becomes pure and then has her menses again and then becomes pure again. At that time, he may keep her or he may divorce her.”

“That is the period during which Allah has ordered the women to be divorced.”

(Recorded by al-Bukhari and Muslim, as quoted in Islamic Fatawa Regarding Women, Q207, printed p. 226)

This shows that divorce has limits and conditions set by Allah, and it is not left open without restriction.

The Warning Against Tahlil

The Prophet ﷺ also warned against trying to manipulate this ruling. It was narrated from Ibn Mas’ud:

“The Messenger of Allah cursed the one who marries a divorced woman with the intention of making her lawful for her former husband (Al-Muhallil) and upon the one for whom she is made lawful (Al-Muhallal Lahu).”

(Related by Ahmad, An-Nasa’i and At-Tirmidhi, who graded it Sahih. The Book of Marriage, Hadith 1001, printed p. 267)

There is another narration from ‘Ali, related by Abu Dawud (2076), At-Tirmidhi (1119) and Ibn Majah (1935), and at-Tirmidhi graded that narration weak (The Book of Marriage, Hadith 1002 and footnote 114).

So this ruling is not a loophole, but a serious boundary set by Allah.

Key Lessons

In summary, Islam limited divorce to protect people from harm, established clear conditions for reconciliation, and set firm boundaries after the third divorce. A woman who is divorced three times is not lawful for her first husband unless she enters into a real marriage with another man, and that marriage ends naturally. These are from the limits of Allah, and they must be respected.

Divorce is limited to two revocable pronouncements; the third divorce is final.
A wife is either kept honourably or released gracefully, without taking anything from her wealth unjustly.
After the third divorce, she is not lawful for her first husband until a genuine second marriage, with a correct contract and actual consummation, has ended.
A marriage arranged to make her lawful for her former husband is cursed and effects nothing.
Returning to the first husband requires a new marriage contract, mutual consent, and confidence that they can keep the limits of Allah.

And Allah knows best.

References

Tafsir as-Sa’di, by Shaykh ‘Abdur-Rahman ibn Nasir as-Sa’di, International Islamic Publishing House (IIPH), English Edition 1, 2018, translated by Nasiruddin al-Khattab, edited by Huda Khattab: Vol. 1 (Juz’ 1-3), on Surah al-Baqarah 2:229-230, printed pp. 291-295.

Tafsir Ibn Kathir (Abridged), English translation, all 10 volumes: Surah al-Baqarah 2:229-230, the abrogated practice of unlimited divorce, khul’, the curse on the participants of Tahlil, and when a woman divorced three times becomes eligible for her first husband.

The Book of Marriage, from the Explanation of Bulugh al-Maram by Shaykh Muhammad ibn Salih al-Uthaymeen, Maktabatulirshad Publications USA, First Edition, February 2017, translated by Mustafa Lamei ‘Abdul Hakim al-Misri: Hadith 1001, printed p. 267, and its explanation, printed pp. 268-272, including the note on the count of divorces after a lawful return, printed p. 272; Hadith 1004, printed p. 284. In the passages quoted from this book, the book prints the name of Allah as “Allāh”; it is written “Allah” here, as everywhere on this site.

Islamic Fatawa Regarding Women, Darussalam, First Edition 1996, compiled by Muhammad bin Abdul-Aziz al-Musnad, translated by Jamaal al-Din M. Zarabozo: Q207, printed pp. 224-226.

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