Discussion of the issue of the marriage of tahleel and its ruling.
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The Shaykh : I said: This is an example, and the Messenger (peace and blessings be upon him) did not mention it as a specific limit, but rather as an illustration of some of the rulings that some people follow to circumvent the rulings of Allah (Mighty and Majestic). For example, many shaykhs, even to this day, continue to issue fatwas regarding what is known among jurists as the marriage of tahleel, despite the saying of the Messenger (may Allah’s prayers and peace be upon him): Sunan Abi Dawud 2076Sahih (Al-Albani) How do they consider this marriage permissible when the Messenger (peace and blessings be upon him and his family) has cursed the one who performs the tahleel and the one for whom it is performed? They say: The conditions of the marriage, which are the pillars of the marriage, are fulfilled. The husband, who is the one performing the tahleel here, is willing; the one for whom the tahleel is performed, who is the divorcing husband, is willing; and the divorced woman is also willing to this entire formal process. Then they do not look at the fact that the purpose of this is to hasten what Allah has forbidden, namely returning to her first husband, as stated in the well-known noble verse: [Al-Baqarah 2:229-230] This husband who performs the tahleel for the first divorcing husband is not a husband in the Shari'ah, but some people call him a husband. As for our Messenger...
Narrated Ali ibn AbuTalib: (The narrator Isma'il said: I think ash-Sha'bi attributed this tradition to the Prophet) The Prophet (ﷺ) said: Curse be upon the one who marries a divorced woman with the intention of making her lawful for her former husband and upon the one for whom she is made lawful.
لَعَنَ الله المُحلِّل والمُحلَّل له(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 ... فَإِنْ طَلَّقَهَا فَلا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنكِحَ زَوْجًا غَيْرَهُ
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
