The Shaykh’s explanation of the ruling on marriage for the purpose of facilitating remarriage (tahliyl)

The Shaykh : Let us take another example of what they call by such a name, which is also forbidden in Islam, and yet it is recorded in the books of knowledge to this day. It is what is called in the language of the Shari'ah marriage for the purpose of facilitating remarriage (tahliyl). The Messenger (peace and blessings be upon him) said—and perhaps you are all aware of this hadith: This marriage is marriage for the purpose of facilitating remarriage (tahliyl). The Messenger (peace and blessings be upon him) cursed the one who performs the tahliyl and the one for whom it is performed. Thus, it is an invalid marriage, because the curse upon a specific thing is a prohibition of that thing plus an addition. Therefore, the scholars say: “One of the proofs indicating that a matter is among the major sins is that its doer is cursed in the Book or the Sunnah.” As for the prohibition of a thing, it always entails that it is forbidden, but it is not a text specifying that the thing is among the major sins. Unlike the case where the doer is cursed, for that is clear proof that this matter is among the major sins. So when the Messenger (peace and blessings be upon him) said: , that means that marriage for the purpose of facilitating remarriage (tahliyl) is prohibited with a severe and emphatic prohibition, such that he made it among the major sins by cursing the one who performs the tahliyl and the one for whom it is performed. And yet, to this day, many Muslim scholars permit marriage for the purpose of facilitating remarriage (tahliyl) and affirm the validity of its contract, and they do not order the invalidation of this marriage, despite this severe warning that you have heard from the Messenger (peace and blessings be upon him). This is a reality. The sale of 'inah is a reality, marriage for the purpose of facilitating remarriage (tahliyl) is a reality, and there is much else, and much, much else that I do not wish to prolong for you because time is short. But let me move on to another issue, or some of the other issues that pertain to creed.