The Forbidden Intention in the Marriage for Divorce (Tahleel)
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, is the forbidden intention in tahleel (marriage for divorce) only that of the second husband? In other words, if a woman marries and her intention is to be divorced so that she becomes permissible for her first husband, and then she demands a divorce from the second husband and quarrels with him until he divorces her so she can marry the first one, is this considered a marriage for divorce?
Answer:
No, the husband did not know about this and did not intend it. So the name is a marriage for divorce; tahleel is when the husband’s intention is this. Yes.
He says: Honorable Shaykh, may Allah grant you success, is the forbidden intention in tahleel (marriage for divorce) only that of the second husband? In other words, if a woman marries and her intention is to be divorced so that she becomes permissible for her first husband, and then she demands a divorce from the second husband and quarrels with him until he divorces her so she can marry the first one, is this considered a marriage for divorce?
Answer:
No, the husband did not know about this and did not intend it. So the name is a marriage for divorce; tahleel is when the husband’s intention is this. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 080 من 123 / شرح كتاب زاد المستقنع / النكاح / الشورط والعيوب في النكاح / صالح الفوزان / الفقه — youtube.com (1:14:01)
The Arabic text is a machine transcription of the audio recording.