What is the ruling in the Shari'ah, in your opinion, Your Eminence the Shaykh, regarding the marriage of tahleel?
Machine translationRead the Arabic original
The questioner : What is the ruling in the Shari'ah, in your opinion, Your Eminence the Shaykh, regarding the marriage of tahleel?
The Shaykh : First: It should be made clear to the listeners what the marriage of tahleel is.
The marriage of tahleel is when a man takes a woman whose husband has divorced her three times; that is, he divorced her, then took her back, then divorced her, then took her back, then divorced her for the third time. This woman is not permissible for the husband who divorced her for the third time unless another husband marries her with the intention of marriage and has intercourse with her, and then separates from her by death or divorce. If so, she becomes permissible for the first husband, based on the saying of Allah the Exalted:[Al-Baqarah 2:229] up to His saying: meaning the third: [Al-Baqarah 2:230] So a man among the people takes a woman whose husband has divorced her three times and marries her with the intention that as soon as he makes her permissible for the first husband, he will divorce her; that is, as soon as he has intercourse with her, he will divorce her. She then observes the waiting period from him, and then her first husband marries her. This divorce is a defective divorce. The Prophet (peace and blessings be upon him) cursed the one who performs tahleel and the one for whom it is performed, and he called the one who performs tahleel a borrowed he-goat, because he is like a he-goat that the owner of the sheep borrows for a specific period and then returns to its owner. This man is like a he-goat who is asked to mount this woman and then leave her. This is the marriage of tahleel, and it occurs in two forms:
The first form is that this is stipulated in the contract, and it is said to the husband: We will marry you our daughter on the condition that you have intercourse with her and then divorce her.
The second form is that it occurs without a condition, but with an intention. The intention may be from the husband, or from the wife and her guardians. If it is from the husband, then the husband is the one who has the power of separation, so the wife is not permissible for him through this contract, because he did not intend the purpose of marriage, which is remaining with the wife, affection, love, seeking chastity, children, and other benefits of marriage. Thus, his intention is contrary to the primary purpose of marriage, so the marriage is not valid in his case.
As for the intention of the woman or her guardians, this is a matter of disagreement among the scholars, and I have not determined which of the two opinions is more correct at this moment. Perhaps I will clarify it later, and another session or another question will come about it, if Allah wills.
In summary: The marriage of tahleel is a forbidden marriage and a marriage that does not make her permissible for the first husband, because it is not valid.
The questioner : May Allah reward you, Your Eminence the Shaykh, and may He magnify your reward for what you have presented to us and to the brother listeners.
The Shaykh : First: It should be made clear to the listeners what the marriage of tahleel is.
The marriage of tahleel is when a man takes a woman whose husband has divorced her three times; that is, he divorced her, then took her back, then divorced her, then took her back, then divorced her for the third time. This woman is not permissible for the husband who divorced her for the third time unless another husband marries her with the intention of marriage and has intercourse with her, and then separates from her by death or divorce. If so, she becomes permissible for the first husband, based on the saying of Allah the Exalted:
Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment.
الطلاق مرتان فإمساك بمعروف أو تسريح بإحسانIf he divorces her
فإن طلقهاshe 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
فلا تحل له من بعد حتى تنكح زوجاً غيره فإن طلقها فلا جناح عليهما أن يتراجعا إن ظنا أن يقيما حدود اللهThe first form is that this is stipulated in the contract, and it is said to the husband: We will marry you our daughter on the condition that you have intercourse with her and then divorce her.
The second form is that it occurs without a condition, but with an intention. The intention may be from the husband, or from the wife and her guardians. If it is from the husband, then the husband is the one who has the power of separation, so the wife is not permissible for him through this contract, because he did not intend the purpose of marriage, which is remaining with the wife, affection, love, seeking chastity, children, and other benefits of marriage. Thus, his intention is contrary to the primary purpose of marriage, so the marriage is not valid in his case.
As for the intention of the woman or her guardians, this is a matter of disagreement among the scholars, and I have not determined which of the two opinions is more correct at this moment. Perhaps I will clarify it later, and another session or another question will come about it, if Allah wills.
In summary: The marriage of tahleel is a forbidden marriage and a marriage that does not make her permissible for the first husband, because it is not valid.
The questioner : May Allah reward you, Your Eminence the Shaykh, and may He magnify your reward for what you have presented to us and to the brother listeners.