Does 2:230 condition Hilla marriage?

[Delwar Hossain]

Salam

Dear brothers,

Does the quran give the condition of another devorce by another husband for woman before remarrying her old husband who devorced her thrice?

Shabbir ahmad's translation of the verse became descriptive and does not support such condition, as far I made out.

What is your rendering of the verse?

[Joseph Islam]

Salamun Alaikum

The Quran makes an explicit statement in verse 2:230 that makes it absolutely clear that a divorce would be required ‘fa-in tallaqaha' (Then if he divorces her).

"Then if he divorces her she shall not be lawful to him afterwards until she marries another husband; then if he divorces her (fa-in tallaqaha)…” 2:230 (part)

A woman can only have one husband at a time. This is made absolutely clear in verse 4:128 and the expression "And if a woman (im'ra-atun) fears ill-conduct from on her husband (ba'liha)"

The pronoun 'ha' in 'baliha' is in the 3rd person feminine singular and when used with an indefinite noun 'im'ratun' (a woman) as opposed to 'im'ra'atani' (two women) or 'nisa' (women), clearly shows that the Quran expects the condition: 1 woman = 1 husband

Therefore, your question cannot arise even if the explicit statement in 2:230 did not exist. The woman would need to be divorced from one husband before she can marry any other husband or even her previous husband.

However, a marriage and a divorce cannot be ‘pre-empted’ either as 'mut'a [1] or for the purposes of 'hilla'. The ludicrous situation where men marry women for a small period of time (e.g. overnight), have intimate relations with them only so that they can be divorced the very next day to make them 'allegedly' lawful (hilla) for their previous husbands is a gross transgression, a ‘fahisha’, a sin and has no place in Islam.

The divorce process can only be invoked and lawfully completed if it is carried out in accordance to the Quran with the correct intentions. Any other method has no warrant in Islam.

Please see below an overview illustration of the process.

ISLAMIC DIVORCE
http://quransmessage.com/articles/divorce%20FM3.htm

May I humbly suggest that if you cannot understand the Quranic Arabic, that you please make use of other translations and not resort to the rendition of one man or a group. Renditions such as QXP are heavily interpolated and are not intended to be seen as a 'translation'. However, verse 2:230 in the QXP also makes it clear that a divorce would be required. "2:230 If a man divorces his wife irrevocably, it will be unlawful for him to remarry her. However, if the woman marries another man and he divorces her, in that case there is no blame on either of them to re-unite..."

Regards,
Joseph.

PS: I know you have addressed your mail to the 'brothers'. However, there are many 'sisters' on this forum too 

References:

[1] NIKAAH AL-MUT'AH - TEMPORARY MARRIAGE
http://quransmessage.com/articles/mut'ah%20FM3.htm
[2] ISLAMIC DIVORCE
http://quransmessage.com/articles/divorce%20FM3.htm

[Delwar Hossain]

Salamun alaikum,

Brother Joseph,
Thank you, now I am clear that there is no place for Hilla marriage since this is an intentional temporary marriage, and that one woman can never have more than one husband. So the violation of woman's right in name of Hilla is not warrented.

Now, suppose, I have devorced my wife thrice and she did not marry anyone else. Then we want to remarry. Does this requires that she must marry and then devorce one else and yes she must not intend that a temporary one?

Another question is, does each devorce (of the three devorces) means a nullification of marriage? Or a nullification of marriage occurs only when the three devorces are made?


Yes, I read various translations putting side by side and if I do not understand anything yet, I ask knowledgeable quran thinker.

Jazak Allahu khair.

[Delwar Hossain]

Perhaps it is so restricted, so that a couple does not turn the devorce into a play-thing. This gives two long chances.
In God's law of nature we notice such restriction what is unalterable. God's natural law and societal law are harmonious, but not zulm.
Peace

[Joseph Islam]

Salamun Alaikum.

If a couple goes through two lengthy processes of Quranic divorce (as illustrated in the link I shared) with numerous opportunities of reconciliation and yet it still doesn't work, then arguably this marriage is better severed.

You are correct in that marriage is not a 'play thing'.

If a 3rd divorce is finalised, then there is no recourse plain and simple, until a woman marries another man with the intention of 'life-time commitment'. If however, unfortunate circumstances are presented where the married couple cannot get along, then again a full divorce process according to the Quran needs to be invoked, once again with plenty of opportunities for reconciliation.

If it cannot be reconciled and is finalised, only then is the option to marry the former husband available. However, the marriage must not be entered with a view for 'temporary marriage' or for the intention of 'hilla'.

Even after the first divorce is fully complete, the marriage is nullified and the couple are free to go their separate ways. If they decide to remarry, then a new solemn covenant (nikaah) will need to be made.

As I am sure you will agree, divorce is a serious matter and not a joke. 

I hope this helps, God willing.
Joseph.

[Delwar Hossain]

Yes I got it.

Thank you

[Saba]

PS: I know you have addressed your mail to the 'brothers'. However, there are many 'sisters' on this forum too 

yay!    Thanks brother Joseph.

[nabeelkhan]

Even after the first divorce is fully complete, the marriage is nullified and the couple are free to go their separate ways. If they decide to remarry, then a new solemn covenant (nikaah) will need to be made.

I am very much interested to know the source of this condition. Because as far as I know, the marriage is not nullified after the first two divorces. Although they should undergo a period of 'idda', they can live in one house and talk to each other, just don't intercourse.

[Joseph Islam]

As-salam alaykum Nabeel Khan,

Welcome to the forum!

I have highlighted the Islamic divorce process from a Quran's perspective in the following illustration where I have cited relevant verses from the Quran.

http://quransmessage.com/articles/divorce%20FM3.htm

I trust that this resolves your query, God willing.

Regards,
Joseph

[nabeelkhan]

salam Jospeh and jazak Allah.

Let us come to the same page first and then I wil try to explain my point. Do you believe that all the Talaq related clarifications have been provided in the below verses. As per my knowledge I am aware of these.

2:227-234
2:236-238
2:240-242
2:268
4:4
4:19
4:21
4:33-35
4:128
33:49
65:1-7

[Joseph Islam]

Dear brother Nabeel,

Wa alaikum assalam

With utmost respect, given my commitments my time on this forum is very limited. I have respectfully shared with you a comprehensive illustration in which I have detailed the process citing verses from the Quran and which are relevant to the divorce process. This is the proverbial page I work from. If you disagree with this position, please may I respectfully ask that you share your response and I will God willing, respond to your contentions or any questions that you may have in due course and time permitting.

Regards,
Joseph

[nabeelkhan]

Ok. I will post my observations in my first free time.

[nabeelkhan]

salaam

I have following points to share.

In the 2;228 verse, Allah is ordering women to wait for 3 'Quroo'. This word is plural for Arabic 'Qar' which is mistakenly translated as three months or three periods. A 'Qur' span consists of a complete menstural cycle PLUS her ghusl (compulsary bath) duration. A healthy woman faces her monthly periods after about 1 complete month and approximately it takes 7-8 days to completely mesntrual discharge and 9th or 10th day is for Ghusl (bath). So approximately it takes around 40 days for a 'Qur' to complete and 120 days for 3 'Quroo'. Naturally, a woman can estimate her 'Qur' better and not men.

Secondly, in verse 2;228, while mentioing Talaq, Allah tells that
".... And their husbands have the better right to take them back in that period, if they wish for reconciliation."

Quran is pointing to the husbands of divorced women and mentioing that these husbands (previous) have more rights to take them back, even after 3rd talaaq. There is no concept of 'halala'. (i.e. Marrying another man, taking divorce from him and then remarrying previous husband)

Thirdly, Quran 2:229 says "Retain with honour or resonable manner or release with kindness". It does not say here that pronounce nikah again, just tell to retain them. It may mean that the Nikah is not void.

By the way, I liked the talaq flowchart image.