Marriage to another man’s divorced wife by agreement to divorce her
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, if a man agrees to marry another man’s wife and have him divorce her, but he does not divorce her, is the subsequent marriage valid?
The Shaykh:
If he agreed to what?
The questioner:
With a man to marry his wife.
The Shaykh:
I mean, his divorced wife.
The questioner:
And have him divorce her, but he did not divorce her. Is the subsequent marriage valid?
The Shaykh:
If the contract was with the intention of tahlil, it is not valid. If he married her with the intention of tahlil, it is not valid; the contract is invalid. However, if he married her for the desire of marriage, not with the intention of tahlil, he may continue with her because she is his wife. Yes.
Honorable Shaykh, if a man agrees to marry another man’s wife and have him divorce her, but he does not divorce her, is the subsequent marriage valid?
The Shaykh:
If he agreed to what?
The questioner:
With a man to marry his wife.
The Shaykh:
I mean, his divorced wife.
The questioner:
And have him divorce her, but he did not divorce her. Is the subsequent marriage valid?
The Shaykh:
If the contract was with the intention of tahlil, it is not valid. If he married her with the intention of tahlil, it is not valid; the contract is invalid. However, if he married her for the desire of marriage, not with the intention of tahlil, he may continue with her because she is his wife. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 55 من 89|شرح العدة في شرح العمدة|كتاب الصداق|باب الخلع|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:08:03)
The Arabic text is a machine transcription of the audio recording.