A man married a woman with a valid contract, but he kept to himself the intention to divorce her after two years without stating this in the contract. Is this contract valid, and if
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The questioner : He says:The questioner : A man married a woman with a valid contract, but he kept in his intention to divorce her after two years without stating this in the contract. Is this contract valid, and if it is valid, is this not a wrong against the wife?
The Shaykh : Did you hear the question? What does he say?
The student: ...
The Shaykh : Who understood the question, brothers?
The student: ...
The Shaykh : All right, this man says a man married a woman and it is in his intention to divorce her after two years, being determined to do so. Is this permissible? And if this is permissible, is this not deception toward the woman and her family? We say there are two opinions among the scholars regarding this issue, so pay attention to them. One group says that if a man marries a woman with the intention of divorcing her after two years, or two months, or two days, or two weeks, then this is a marriage for pleasure (mut'ah), and it is a defective, forbidden marriage, because what is intended is like what is stipulated, as the Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 1 And this is the intention of a time-limited marriage, and a time-limited marriage is a marriage for pleasure—pay attention, young man—and because if a man marries a woman who has been divorced three times on the condition that whenever he makes her lawful for the first husband, he will divorce her, then the marriage is invalid and forbidden, and she does not become lawful for the first husband. This was named in the hadith as "the borrowed he-goat." A he-goat that a man borrows for a night in order to mate the female sheep, and then he returns it to its owner. Did you understand the issue of making lawful (tahleel)? A man divorced his wife with the final of three divorces, meaning he divorced her, then took her back, then divorced her, then took her back, then divorced her the third time. She does not become lawful for him except after another husband. So a man came and said, "O so-and-so, I have divorced my wife three times, and now the earth has become narrow for me despite its vastness, so I ask you to marry her on the condition that when you have intercourse with her, you divorce her." He said, "With pleasure and ease." He gave him the mahr, the first husband gave him the mahr, and he married her. When he married her, he took a liking to her and said to the first husband, "I have taken a liking to this woman and I will not divorce her!" What do you say about the marriage?
The student: ...
The Shaykh : No, the marriage is forbidden because he entered into it with this condition. The woman's guardians stipulated upon him, they stipulated upon him, the woman's guardians that he would divorce her when he made her lawful for the first one. But if he intended this intention and did not stipulate it upon the woman's family—he intended to marry this woman who was divorced three times that when he had intercourse with her, he would divorce her so that she would become lawful for the first husband—is this intended divorce like the stipulated divorce?
The student: ...
The Shaykh : No, it is like the stipulated divorce, even according to those who say it is permissible to marry with the intention of divorcing her.
The important point is that some scholars say that if a man marries a woman with the intention of divorcing her after a day, or two days, or a week, or two weeks, or a month, or two months, or a year, or two years, then the marriage is invalid, based on the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 1 and what is intended is like what is stipulated. And some scholars say that this is not a marriage for pleasure, but rather a person intends to divorce her after a year, after a day, or two days, or a month, or two months, or a year, or two years, but he hopes, he hopes for her after he marries her, after he marries her, and it is different from a marriage for pleasure. A marriage for pleasure is a deferred marriage; when the time limit is reached, the marriage is dissolved, so what is intended is not like what is stipulated. And according to this opinion, there remains a problem, which is that he married this girl with this intention, and this is considered deception and a wrong against the woman and her family. For if her family knew that he did not want to marry her, or only wanted to enjoy her for this period, they would not have married her to him. Especially in some lands of the disbelievers, where if a woman marries there, no one can marry her after the first husband, and this is a stain of loss upon the girl and her family. And on this basis, it is forbidden, not from the angle that it is a marriage for pleasure, but from the angle that it is deception and fraud. Yes.
The questioner : May Allah reward you...
The questioner : On paper, just...
The Shaykh : A divorce on paper is of no use...
The questioner : I am speaking to you, Your Excellency, for just one minute...
The Shaykh : I understand, I understand...
The questioner : If it happens that a man has a son... and he performs a divorce on paper, formally, in order to...
The Shaykh : It is not valid.
The questioner : It is not valid?
The Shaykh : No.
The questioner : May Allah reward you.
The Shaykh : Did you hear the question? What does he say?
The student: ...
The Shaykh : Who understood the question, brothers?
The student: ...
The Shaykh : All right, this man says a man married a woman and it is in his intention to divorce her after two years, being determined to do so. Is this permissible? And if this is permissible, is this not deception toward the woman and her family? We say there are two opinions among the scholars regarding this issue, so pay attention to them. One group says that if a man marries a woman with the intention of divorcing her after two years, or two months, or two days, or two weeks, then this is a marriage for pleasure (mut'ah), and it is a defective, forbidden marriage, because what is intended is like what is stipulated, as the Prophet (peace and blessings be upon him) said:
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنما الأعمال بالنيات وإنما لكل امرئ ما نوىThe student: ...
The Shaykh : No, the marriage is forbidden because he entered into it with this condition. The woman's guardians stipulated upon him, they stipulated upon him, the woman's guardians that he would divorce her when he made her lawful for the first one. But if he intended this intention and did not stipulate it upon the woman's family—he intended to marry this woman who was divorced three times that when he had intercourse with her, he would divorce her so that she would become lawful for the first husband—is this intended divorce like the stipulated divorce?
The student: ...
The Shaykh : No, it is like the stipulated divorce, even according to those who say it is permissible to marry with the intention of divorcing her.
The important point is that some scholars say that if a man marries a woman with the intention of divorcing her after a day, or two days, or a week, or two weeks, or a month, or two months, or a year, or two years, then the marriage is invalid, based on the saying of the Prophet (peace and blessings be upon him):
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنما الأعمال بالنيات وإنما لكل امرئ ما نوىThe questioner : May Allah reward you...
The questioner : On paper, just...
The Shaykh : A divorce on paper is of no use...
The questioner : I am speaking to you, Your Excellency, for just one minute...
The Shaykh : I understand, I understand...
The questioner : If it happens that a man has a son... and he performs a divorce on paper, formally, in order to...
The Shaykh : It is not valid.
The questioner : It is not valid?
The Shaykh : No.
The questioner : May Allah reward you.