Q: Salaams I was wondering if you could help me. I read your q and a about the halaalah question and I have a situation that is along the same lines.
We did our Nikah but didn’t do ruksathi as I was studying and he didn’t have the right conditions to allow him to take me into his family house. However situation changed and he divorced me. We never consummated the marriage but I just want to know is there any chance we can still get married again without the Nikah being cursed?
جزاك اللهُ خيراً for taking the time out to read and answer my question.
Time: December 10, 2013 at 4:42 PM
Q: i am divorced n did not consumate my first nikah. i was 18 and he was 27 and i was just to imature for him. now 4 years later i love my ex and he loves me. do i have to do halalah to marry him back again? I feel not good with being with another guy. my hymnal layer is not broken and i really want my first husband to be my first. would it wrong to be with my first without nikah then get married to 2nd guy for halalah n get divorced and go to the first? plze help me. i have sent this q 3 times and you or admin ignored it. (text)
A: Walaikumsalam,
If you are indeed divorced, you would need to marry another person prior to marrying the man that just divorced you.
The second nikah does have to include adult penetration. However, the penetration does not need to be all the way. The ‘hashfa’ or tip of the male organ has to enter the female organ for it to be viewed as penetration and to complete the process of halalah. The entrance of the tip of the male organ would be sufficient. She does not have to have her ‘hymnal layer’ broken, for the hymnal layer is not always on the surface. Nor does ejaculation need to take place from either party. Just the entrance of the tip of the male organ known as hasfa would be sufficient for this process to be complete. the male does not need to be fully erect for such an occurrence.
One should not do such a marriage with the intention that is temporary or a nikah that is short-time. If it turns out that the second marriage is a failure, then you welcome to marry the first fellow again.
Allah Certainly Knows Best.
p.s. Some of the above had been verified by a doctor. The above answer as given appears to benefit only the woman. Few men would allow to be ‘used’ in this manner, however, a God Fearing man that cares for you may well do it. His intention too should not be fun and play. The above is not for mere gaming. Fear Allah (SWT) in your matters.