The Ruling on Marriage for the Purpose of Facilitating Remarriage and the Rulings That Follow from It
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A man married a woman with the intention of facilitating her remarriage to her first husband. What is the ruling on her returning to the first husband?
First we say: This man who married her is a male goat. Do you know what a male goat is?The questioner: A male goat, O Shaykh.
The Shaykh: So this is called the borrowed male goat.
Second: If the first husband was aware of this, or was in agreement with this man,For the Prophet (peace and blessings be upon him and his family) said: (The one who facilitates and the one for whom it is facilitated are both cursed) Both are cursed, expelled from the mercy of Allah.
Third: The marriage of the second is an invalid marriage, and his intercourse with this woman is the intercourse of unlawful sexual intercourse.
Fourth: This woman is not lawful for the first husband,For Allah the Exalted said: [al-Baqarah: 230] And this is not a husband; this second one is not a husband, because his contract is invalid.
And if this matter has actually occurred, convey to them from me: The second is cursed and the first is cursed, if he was in agreement with him. And the second must repent to Allah (Mighty and Majestic). The first husband is not permitted to marry the wife. Convey to them from me, and if Allah wills, you are trustworthy.
First we say: This man who married her is a male goat. Do you know what a male goat is?The questioner: A male goat, O Shaykh.
The Shaykh: So this is called the borrowed male goat.
Second: If the first husband was aware of this, or was in agreement with this man,For the Prophet (peace and blessings be upon him and his family) said: (The one who facilitates and the one for whom it is facilitated are both cursed) Both are cursed, expelled from the mercy of Allah.
Third: The marriage of the second is an invalid marriage, and his intercourse with this woman is the intercourse of unlawful sexual intercourse.
Fourth: This woman is not lawful for the first husband,For Allah the Exalted said:
until [after] she marries a husband other than him
حَتَّى تَنْكِحَ زَوْجاً غَيْرَهُAnd if this matter has actually occurred, convey to them from me: The second is cursed and the first is cursed, if he was in agreement with him. And the second must repent to Allah (Mighty and Majestic). The first husband is not permitted to marry the wife. Convey to them from me, and if Allah wills, you are trustworthy.