Q: Is sexual intercourse necessary for the purpose of halaalah*?
A: Sexual intercourse is necessary in this case, i.e. entry of the male private part into the female private part, although ejaculation is not a condition. (Fataawa Hindiyyah V1 P473) Although the second Nikah is valid and after receiving Talaaq from the second husband and spending the Iddat, she can marry the first husband again, it is a sin if the second Nikah of the lady has taken place just for the purpose of Halaalah, Rasulullah (Sallallaahu Alayhi wa Sallam) has cursed people who marry solely for the purpose of Halaalah. (Ibni Maajah V1 P622)
Prepared by: Moulana Yusuf Laher, Checked and approved by: Mufti Siraj Desai
*Halaalah: A lady whose been given three divorces gets married to another husband. He dies or divorces her. She can now marry her previous husband who gave the three divorces.
