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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on the marriage of tahleel, known as (the borrowed he-goat)?

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The Shaykh : In my opinion, everyone present knows of a marriage that is named in the Shari'ah—may Allah have mercy on you—it is named in the Shari'ah the marriage of tahleel, and in the language of the common people it is called tajhishah, which you know.

The questioner : Yes.

The Shaykh : Some of you know this, the marriage of tahleel or tajhishah. A man divorces his wife with three divorces, and at that point, by the explicit text of the Noble Qur'an
she is not lawful to him afterward until [after] she marries a husband other than him فلا تحل له من بعد حتى تنكح زوجا غيره
[Al-Baqarah 2:230]
, this man, for one reason or another, divorced and then regretted it. He has no patience to wait until this divorced woman marries a second husband, and this second husband clings to her and does not divorce her; it is an unknown matter. If I want this wife and I regret what I did, what does he do? He brings in the one whom the Messenger of Allah (peace and blessings be upon him) named
as the borrowed he-goat بالتيس المستعار
, who is named in another hadith as the muhallil
as the muhallil بالمحلِل
, and he (peace and blessings be upon him) said:
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 المحلل والمحلل له
Sunan Abi Dawud 2076Sahih (Al-Albani)
. This muhallil is the borrowed he-goat. The one for whom the marriage is dissolved is that diviner who does not guard his wife; he accepts a stranger to both of them to have relations with her just to dissolve the marriage for him. This is not how it is. Allah said this is not a husband; this is a borrowed he-goat. And Allah says:
she is not lawful to him afterward until [after] she marries a husband other than him فلا تحل له من بعد حتى تنكح زوجا غيره
[Al-Baqarah 2:230]
How can the first one marry her? This second one must marry her, and all this going back and forth is a nullification of this Noble Verse:
she is not lawful to him afterward until [after] she marries a husband other than him فلا تحل له من بعد حتى تنكح زوجا غيره
[Al-Baqarah 2:230]
. The Muslims have fallen into this, and many of the shaykhs in our Damascus—I know a shaykh, a brother of ours told me, he said to him: "If you know that a man has divorced his wife with three divorces and wants to take her back, I am for her."

The questioner: Allahu Akbar.

The Shaykh : And he says he is drawing near to Allah with this. This is a great calamity, my brother. He is pitying the divorced husband, so they adjust his wife. Allahu Akbar.

The questioner : These hadiths, I do not hear them.

The Shaykh : No, he hears them, but there are people who are overcome by sectarian fanaticism, which prevents them from benefiting from the Sunnah of Muhammad, or they hear the hadith as if they did not hear it in their ears. Allahu Akbar. We ask Allah (Mighty and Majestic) to guide us by the Sunnah of our Prophet (peace and blessings be upon him) and to make us know what is lawful and what is forbidden.
Source www.al-albany.com

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

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