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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Shaykh’s remarks on those who resort to legal stratagems to permit the marriage of tahliil.

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The Shaykh : For example, many shaykhs, even to this day, continue to issue fatwas regarding what is known among jurists as the marriage of tahliil, despite the saying of the Messenger (peace and blessings 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 المحلل و المحلل 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 tahliil and the one for whom it is performed? They say that the conditions of the marriage, the pillars of the marriage, are present: the husband, who is the one performing the tahliil here, is willing; the one for whom it is performed, who is the man who divorced, is willing; and the divorced woman is also willing to this entire formal process. Then they do not look at the fact that the intent behind it is to hasten what Allah has forbidden, namely returning to her first husband, as stated in the well-known noble verse
(229) Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah. But if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself. These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah - it is those who are the wrongdoers. (230) 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. 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. These are the limits of Allah, which He makes clear to a people who know. الطلاق مرتان فإمساك بمعروف أو تسريح بإحسان فإن طلقها فلا تحل له من بعد حتى تنكح زوجا غيره
[Al-Baqarah 2:229-230]
This husband who performs the tahliil for the first husband who divorced is not a husband in the eyes of the Shari'ah, but some people call him a husband. As for our Messenger (peace and blessings be upon him), he called him the borrowed goat, and this is a beautiful meaning that befits him, because the reality is...
Source alathar.net

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

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