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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on marrying with the intention of facilitating the return to the first husband?

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The questioner : I say, O Shaykh, may Allah reward you. A man married a woman with the intention of facilitating her return to her first husband, who had divorced her. What is the ruling on her returning to the first husband?

The Shaykh : First, we say that this man who married her is a *tayyis*. Do you know what a *tayyis* is?

The questioner : A male goat, O Shaykh.

The Shaykh : Yes, exactly. This is called the borrowed *tayyis*. Second: If the first husband was aware of this, or was in collusion with this man, then the Prophet (peace and blessings be upon him) said:
Jabir bin Abdullah and Ali narrated: "The Messenger of Allah cursed the Muhill and the one the Muhallal was done for." لعن المحلل والمحلل له
Jami` at-Tirmidhi 1119Da'if (Darussalam)
Both of them are cursed and expelled from the mercy of Allah.
Third: The marriage of the second husband is invalid, and his intercourse with this woman is the intercourse of unlawful sexual intercourse.
Fourth: This woman is not lawful for the first husband, because Allah the Exalted said:
until [after] she marries a husband other than him حتى تنكح زوجا غيره
[Al-Baqarah 2:230]
And this is the husband of the second marriage, which is not a husband because his contract is invalid. If the matter has occurred, convey to them from me that the second is cursed and the first is cursed, if he was in collusion with him. And the second must repent to Allah (Mighty and Majestic). The first husband is not permitted to have the wife. Say to him: She is not lawful for him. Yes, convey to them from me, and may Allah reward you, and you are trustworthy, if Allah wills.
Source alathar.net

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

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