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) 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 [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...
