An Important Clarification Regarding the Marriage of Tahlil
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Question : A man divorced his wife with the final of the three divorces. [Al-Baqarah 2:230]. May Allah have mercy on you. She was the mother of his children, so he missed her and grieved for her. And… he thought about what to do? What to do? He said, “I will go to my friend so-and-so and say, ‘Take these ten thousand and marry this woman.’” Yes. But with a condition imposed on you: if you have intercourse with her, leave her until she becomes pure from the menstruation following the intercourse, then divorce her, then divorce her. They agreed to this. The man married her; he brought the legal marriage officer, he married him to her, and he held a party for the people. So-and-so married so-and-so. Then, when he had intercourse with her and she menstruated after the intercourse and became pure, he divorced her. For what reason?
Answer : For the reason that she would become lawful for the first husband. Does she become lawful for him? Why does she not become lawful? Because this marriage that took place with his friend was not intended for the purpose of marriage; it was intended for separation so that she would become lawful for the first husband. Now, if the second husband, who is this friend and is actually an enemy, had not imposed this condition on him, but saw that his friend was grieving over the separation from the mother of his children, and said, “What is the way out?” So he went to her family and proposed to them, and they performed all the wedding ceremonies. And when he had intercourse with her, he divorced her, and his friend did not know, and no one knew. Does she become lawful for the first husband? Why? The marriage was with witnesses and consent and everything. We say, but actions are by intentions. So she does not become lawful for the first husband, even if he did not know. Why? Because the second marriage is not valid; it is not a marriage of desire, it is a marriage of tahlil. And the Messenger (peace and blessings be upon him) cursed the one who performs tahlil and the one for whom it is performed. Now,
she is not lawful to him afterward until [after] she marries a husband other than him
فَلَا تَحِلُّ لَهُ مِن بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُAnswer : For the reason that she would become lawful for the first husband. Does she become lawful for him? Why does she not become lawful? Because this marriage that took place with his friend was not intended for the purpose of marriage; it was intended for separation so that she would become lawful for the first husband. Now, if the second husband, who is this friend and is actually an enemy, had not imposed this condition on him, but saw that his friend was grieving over the separation from the mother of his children, and said, “What is the way out?” So he went to her family and proposed to them, and they performed all the wedding ceremonies. And when he had intercourse with her, he divorced her, and his friend did not know, and no one knew. Does she become lawful for the first husband? Why? The marriage was with witnesses and consent and everything. We say, but actions are by intentions. So she does not become lawful for the first husband, even if he did not know. Why? Because the second marriage is not valid; it is not a marriage of desire, it is a marriage of tahlil. And the Messenger (peace and blessings be upon him) cursed the one who performs tahlil and the one for whom it is performed. Now,
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 141 - 210 توضيح مهم في نكاح التحليل - منظومة أصول الفقه وقواعده - ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
