Question: The question regarding the temporary marriage. I know that a temporary marriage (Mut’ah) is prohibited in Islam. But recently I was told that if a husband gave his wife a triple divorce, and then he regrets for it and wants to return her, she can conclude marriage for one night with another man. After sexual intercourse this man gives the woman a divorce and she can return to her first husband. It is allowed to do so? (Anonim)
Your understanding is correct that a temporary marriage (Mut’ah) is prohibited. Mut’ah in marriage refers to when a man makes an agreement with a woman that he will marry her in lieu of a certain amount of money for a specific period. (al-Qamoos al-Muheet)
وأما متعة النكاح فهي أن يقول الرجل لامرأة خالية من الموانع أتمتع بك كذا مدة بكذا من المال
Sayyiduna Saburah (Radiyallahu Anhu) reports that Rasulullah (Sallallahu Alaihi Wasallam) prohibited the Mut’ah marriage. (Sahih Muslim, Hadith #: 1406)
أن النبي صلى الله عليه وسلم نهى عن نكاح المتعة
The concept you are referring to in your question is the concept of Tahleel.
When a husband gives his wife three Talaaqs, the marriage irretrievably terminates and both husband and wife become unlawful for each other. They cannot reconcile even by renewing the Nikah. The only time it will be permissible for them to remarry is if the wife has to get marriage again to another person after completing her Iddah, the marriage is physically consummated and she is thereafter divorced or widowed from this marriage. After the completion of her Iddah of this marriage, it will then be permissible for her to reconcile with her first husband by means of Nikah.
This procedure in terms of Islamic law is known as Tahleel.
To arrange such a procedure merely with the intention of reconciling with the first husband is not permissible. This is because the matter of Nikah is a serious and important issue and marriage is meant for life. Nikah is not a matter of convenience to be terminated for no valid reason. This is why the Prophet (Sallallahu Alaihi Wasallam) condemned such a practice with the strongest words. Sayyiduna Ali (Radiyallahu Anhu) reports that the Prophet of Allah (Sallallahu Alaihi Wasallam) said:
لعن الله المحلل، والمحلل له
“May Allah curse the person who facilitates the procedure of Tahleel and for whom it is done” (Abu Dawood, Hadith #: 2076)
Yes, if the procedure of Tahleel happens coincidently, where the marriage to the second person is not conducted merely for the purpose of reconciling with the first husband and the intentions for marriage are sincere, and for some reason she is divorced from this marriage or she is widowed after consummation, it will be permissible for her to reconcile with her first husband after she completes the Iddah from this marriage. In this case, the procedure will not be cursed as the intentions were sincere.
And Allah knows best.
Mufti Suhail Tarmahomed