Discussion of some who resort to legal stratagems to permit the marriage of tahliil.
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The Shaykh : For example, many shaykhs, even to this day, continue to issue fatwas regarding what is known among jurists as the marriage of tahliil, despite the saying of the Messenger (peace and blessings 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) has cursed both the one who performs the tahliil and the one for whom it is performed?
They say: The conditions of the marriage, which are its pillars, are present. The husband, who is the one performing the tahliil here, is willing; the one for whom the tahliil 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 intention behind it 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], [Al-Baqarah 2:230]. This husband who performs the tahliil for the first divorcing husband is not a husband in the Shari'ah, but some people call him a husband. As for our Messenger (peace and blessings be upon him), he called him the borrowed he-goat, which is a beautiful meaning befitting him, because in reality...
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.
لعن الله المحلِّل والمحلَّل لهThey say: The conditions of the marriage, which are its pillars, are present. The husband, who is the one performing the tahliil here, is willing; the one for whom the tahliil 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 intention behind it is to hasten what Allah has forbidden, namely returning to her first husband, as stated in the well-known noble verse:
Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment.
الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍAnd 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
فَإِنْ طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ
Source
www.al-albany.com
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