What is the ruling on marriage for the purpose of dissolving a previous marriage (tahlil)?
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The questioner : A man divorced his wife three times, and another man married her at the instigation of her first husband. Is it permissible for the first husband to marry her after the second man divorces her, for the purpose of reconciliation? And what is the ruling on the second man’s marriage to her?
The Shaykh : This is the issue of tahlil (marriage for the purpose of dissolving a previous marriage). If a woman is divorced by her husband three times, she does not become lawful to him until she marries another husband, on the condition that this marriage is in accordance with the Shari'ah and contains nothing that invalidates it, and on the condition that the second husband has sexual intercourse with the wife. This is what occurred: it is a marriage of tahlil, because the second man only married her in order to make her lawful for the first husband. It is as reported in the hadith from the Prophet (peace and blessings be upon him): Therefore, his contract with this woman is not valid. And if it is not valid, it is not recognized by the Shari'ah. Consequently, she does not become lawful to her first husband, because Allah (Mighty and Majestic) says: [Al-Baqarah 2:229-230] His saying (Glorified and Exalted is He): [Al-Baqarah 2:230] means a valid marriage, because a contract is not called a marriage if it is not valid, because what is not valid has no effect and no ruling. Therefore, we say that the marriage of the second husband to this woman is not valid, and she does not become lawful to the first husband, because the marriage is a marriage of tahlil.
And as for the sayingThe questioner : For the purpose of reconciliation, this is from the adornment of Shaytan, who beautifies for a person his evil deed, so that he thinks what was corruption and destruction is actually rectification and improvement. And this, by Allah, is not improvement, because it is falling into what Allah has forbidden, and what Allah has forbidden is not improvement. Indeed, Allah (Glorified and Exalted is He) says:[Al-Baqarah 2:231] We ask Allah for safety and well-being.
The questioner : May Allah reward you with good.
The Shaykh : This is the issue of tahlil (marriage for the purpose of dissolving a previous marriage). If a woman is divorced by her husband three times, she does not become lawful to him until she marries another husband, on the condition that this marriage is in accordance with the Shari'ah and contains nothing that invalidates it, and on the condition that the second husband has sexual intercourse with the wife. This is what occurred: it is a marriage of tahlil, because the second man only married her in order to make her lawful for the first husband. It is as reported in the hadith from the Prophet (peace and blessings be upon him):
A borrowed goat
تيس مستعار(229) Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah. But if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself. These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah - it is those who are the wrongdoers. (230) 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.
الطَّلاقُ مَرَّتَانِ فَإمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ وَلا يَحِلُّ لَكُمْ أَنْ تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَنْ يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللَّهِ فَلا تَعْتَدُوهَا وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَأُوْلَئِكَ هُمُ الظَّالِمُونَ * فَإِنْ طَلَّقَهَا فَلا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنكِحَ زَوْجًا غَيْرَهُ فَإِنْ طَلَّقَهَا فَلا جُنَاحَ عَلَيْهِمَا أَنْ يَتَرَاجَعَاuntil [after] she marries a husband other than him
حَتَّى تَنكِحَ زَوْجًا غَيْرَهُAnd as for the sayingThe questioner : For the purpose of reconciliation, this is from the adornment of Shaytan, who beautifies for a person his evil deed, so that he thinks what was corruption and destruction is actually rectification and improvement. And this, by Allah, is not improvement, because it is falling into what Allah has forbidden, and what Allah has forbidden is not improvement. Indeed, Allah (Glorified and Exalted is He) says:
And do not take the verses of Allah in jest
لا تَتَّخِذُوا آيَاتِ اللَّهِ هُزُوًاThe questioner : May Allah reward you with good.