The Ruling on Marriage for the Purpose of Facilitating Remarriage (Tahlil) and an Explanation of the Deception Involved

The Shaykh : Another type—such as the legal stratagems they call such, and another type for what they know is not permissible, yet they still mix with it and engage in it. For example, the marriage known in fiqh books as "marriage for the purpose of facilitating remarriage" (nikah al-tahlil), and known among the common people in our region of Sham as "al-tadhyishah." Despite the statement of the Messenger (peace and blessings be upon him): , there are still today those who issue fatwas permitting this marriage, claiming that it is permissible for a man to marry a woman with the intention of divorcing her the morning after he marries her in order to make her lawful for her first husband! Even though the Messenger (peace be upon him) cursed him and cursed the one for whom this woman was made lawful. More than that, the Messenger (peace and blessings be upon him) called the one who facilitates the remarriage "the borrowed he-goat," and what a fitting name! Despite all this, we still see in fiqh books today that marriage for the purpose of facilitating remarriage is permissible. We do not deny that a scholar among the scholars of the Muslims may err and be rewarded for that, but we deny, with total denial, that one who has become aware of this error should persist in it, knowing that the Messenger (peace be upon him) cursed its doer. This marriage, marriage for the purpose of facilitating remarriage, is intended to circumvent His saying (Blessed and Exalted is He): . So this borrowed he-goat comes and claims that he is the husband, other than the first husband, and makes this woman lawful for the first husband. We all know that the husband mentioned in the verse is the one intended in a verse like: "And He created between you love and mercy" , .
This husband marries for great purposes: to chaste himself, to chaste his wife, and to increase the offspring of the Ummah of Muhammad (peace and blessings be upon him). For that reason, he (peace and blessings be upon him) commanded marriage with fertile women, and said (peace and blessings be upon him): . The borrowed he-goat does not have any of these great meanings mentioned in the verse or the hadith in his mind; rather, all that is in his mind is circumventing the ruling of the Shari'ah; making lawful what Allah has forbidden by the slightest of stratagems.
This is an example, and there are many, many examples. Books have been written on this in some fiqh books under the chapter of stratagems, openly! The chapter of legal stratagems. The Messenger (peace and blessings be upon him), in mentioning the buy-back sale ('inah), gave it as an example of other transactions by which people circumvent what Allah has forbidden, including the contract of marriage for the purpose of facilitating remarriage.