Short answer
After three talaqs a woman can only return to her first husband if she genuinely marries another man, the marriage is consummated, and it later ends. A marriage arranged on the condition of divorce, so-called halala, is cursed in the hadith and is a serious sin. In the Hanafi school it still makes her lawful if consummated; the Maliki and Hanbali schools say it does not.
A nikah made with a stated condition that the second husband will divorce her is makruh tahrimi and sinful for everyone involved, but the condition is void and the nikah valid. If he consummates and later divorces her, she becomes lawful to the first husband after her iddah, according to Abu Hanifa. He cannot be forced to divorce.
Other madhhabs
- Shafi'i
- If the condition of divorce is written into the contract the nikah is void. If it was only intended, the nikah is valid but disliked.
- Maliki
- A marriage intended to make her lawful is invalid, must be ended, and does not make her lawful to the first husband.
- Hanbali
- A halala marriage is invalid whether the condition is stated or only agreed beforehand, and it does not make her lawful.
Explanation
The Quran says that after a third talaq, "she is not lawful to him afterward until she marries a husband other than him" (2:230). The Prophet ﷺ explained that the second marriage must be real and consummated. If it later ends by death or divorce, and her iddah is over, she and her first husband may marry again if both wish.
This rule exists to make the third talaq heavy, so that men do not play with divorce. It was never meant to be a procedure to get around.
- What "halala" means today. A pre-arranged nikah, sometimes paid for, with a man who agrees to divorce her after one night so she can return to her first husband.
- The ruling. The Prophet ﷺ cursed the man who does this and the man for whom it is done. All four schools agree that it is a grave sin.
- Its effect in the Hanafi school. The contract is valid and the condition void. If he consummates and chooses to divorce, she becomes lawful to the first husband. He may also refuse to divorce, and she remains his wife.
- Paid services. Men or imams who offer "halala" for money are exploiting women in a time of crisis. It is haram.
No woman is obliged to marry anyone to undo her husband's triple talaq. The real lesson is to avoid three talaqs in the first place. Many cases also depend on facts, such as the words used or extreme anger, so ask a mufti before assuming anything. See three talaq at once and remarrying an ex-husband.
Ask a mufti about your own case. This answer explains the general ruling. When the details of your situation matter, as they do here, ask a qualified mufti and give them the full facts. Where to ask a scholar.
The evidence
Quran, Surah Al-Baqara 2:230
فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُۥ مِنۢ بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُۥ ۗ فَإِن طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَآ أَن يَتَرَاجَعَآ إِن ظَنَّآ أَن يُقِيمَا حُدُودَ ٱللَّهِ ۗ وَتِلْكَ حُدُودُ ٱللَّهِ يُبَيِّنُهَا لِقَوْمٍۢ يَعْلَمُونَ ﴿٢٣٠﴾
And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other if they think that they can keep [within] the limits of Allah. These are the limits of Allah, which He makes clear to a people who know.
The Quranic condition after a third talaq.
Jami' at-Tirmidhi 1120
Grading to be checked... لعن رسول الله صلى الله عليه وسلم المحل والمحلل له ...
"The Messenger of Allah cursed the man who marries her to make her lawful and the man for whom she is made lawful."
Arranged halala is a grave sin.
Sahih al-Bukhari 5260
Sahih... لا حتى يذوق عسيلتك وتذوقي عسيلته ...
"No, not until he tastes your sweetness and you taste his."
The second marriage must be genuine and consummated.
Where the ruling is recorded
- al-Hidaya, Kitab al-Talaq, Bab al-Raj'ah, on what makes the divorced woman lawful. A marriage with the condition of making her lawful is disliked, but she becomes lawful according to Abu Hanifa.
- al-Mughni (Ibn Qudama), Kitab al-Nikah, on nikah al-muhallil. The Hanbali view that such a marriage is void.
- Mukhtasar Khalil with al-Sharh al-Kabir, Bab al-Nikah, on the muhallil. The Maliki view that it is invalid and does not make her lawful.
Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.