It is narrated from Hazrat Zubair bin Abdur Rahman that Rifa'ah bin Samwal Qarzi gave his wife Tamimah bint Wahb three divorces during the time of the Messenger of Allah. So she married Abdur Rahman bin Zubair. But Abdur Rahman was not able to have intercourse with her, and could not consummate the marriage, so Abdur Rahman left her. Then Rifa'ah, who was the first husband, wanted to marry her again. When this was mentioned to the Messenger of Allah (peace be upon him), he forbade it and said to Rifa'ah: "That woman is not lawful for you until she has intercourse with another man."

Sayyida Aisha (may Allah be pleased with her) was asked: If a man gives his wife three divorces, then after that another man marries her, and then divorces her before having intercourse, can the first husband marry her again? She replied: No, he cannot marry her until the second husband has intercourse with her.

Imam Malik, may Allah have mercy on him, was informed that Qasim bin Muhammad, may Allah have mercy on him, was asked: A man gave his wife three divorces, then another man married her and died before consummating the marriage; is it permissible for the first husband to marry her? He replied: No.

Imam Malik, may Allah have mercy on him, said: Whoever marries with the intention of halalah, his marriage is invalid; then he should perform a new marriage, and if intercourse has taken place, the dowry will be obligatory upon him.