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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Discussion of the issue of the marriage of tahliyl and its ruling.

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The Shaykh : I said, this is an example, and the Messenger (peace and blessings be upon him) did not mention it as a specific limit, but rather as an illustration of some of the rulings that some people follow in order to circumvent the rulings of Allah (Mighty and Majestic). For example, many shaykhs, even to this day, continue to issue fatwas regarding what is presented by jurists as the marriage of tahliyl, despite the saying of the Messenger (may Allah’s prayers and peace be upon him)
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 المُحلِل والمُحلَل له
Sunan Abi Dawud 2076Sahih (Al-Albani)
How do they consider this marriage permissible when the Messenger (peace and blessings be upon him) has cursed the one who performs the tahliyl and the one for whom it is performed? They say that the conditions of the marriage are the pillars of the marriage, and they are all present: the husband, who is the one performing the tahliyl here, is willing; the one for whom it 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 his first wife, as in the well-known noble verse:
Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment. الطَّلاقُ مَرَّتَانِ فَإمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ
[Al-Baqarah 2:229]
And 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 فَلا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنكِحَ زَوْجًا غَيْرَهُ
[Al-Baqarah 2:230]
This husband who performs the tahliyl for the first divorcing husband is not a husband in the Shari'ah, but some people call him a husband. As for our Messenger
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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