His third question is unusual and has not reached the program except this time. He says: I married a woman and then divorced her with three divorces, so she became forbidden to me.
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The questioner : His third question is unusual and has not reached the program except this time. He says: If it is the case that I married a woman and then divorced her with three divorces, so she became forbidden to me, and I still desire this wife. So the scholar told me that this wife is not permissible for me unless she is made permissible for me by another person. And indeed, she was made permissible. But the man who is the muhallil (the one who marries to make her permissible) said, “I will not divorce this woman.” Do you desire the scholar? This scholar did not rule on me with divorce, and she remained his wife?
The Shaykh : We say first that the term muhallil is not appropriate, for it is not permissible to use a ruse (tahil) to circumvent the prohibitions of Allah through such a marriage.
The questioner : Yes.
The Shaykh : It was narrated from the Prophet (peace and blessings be upon him):Jami` at-Tirmidhi 1119Da'if (Darussalam) and the muhallil was described as a borrowed goat. This second husband who married her with the intention of making her permissible for the first husband has an invalid marriage. It is obligatory to separate them by the ruling of the Shari'ah. Then she does not become permissible for the first husband through this separation, because the marriage is a marriage of tahil, and a marriage of tahil does not make anything permissible, for...
And this is a matter I state for general benefit: every ruse (tahil) to circumvent a prohibition does not make it permissible, and every ruse to circumvent an obligation does not remove its obligation. So this ruse to circumvent the prohibition, which is the return of the wife to her husband who divorced her three times in this manner that is not intended, this ruse does not remove the prohibition, rather it does not make the prohibited matter permissible, which is the woman returning to her first husband.
And based on this, she does not become permissible for the first husband, and it is obligatory to separate her from her second husband as long as he married her with the intention of making her permissible.
The questioner : May Allah reward you.
The Shaykh : We say first that the term muhallil is not appropriate, for it is not permissible to use a ruse (tahil) to circumvent the prohibitions of Allah through such a marriage.
The questioner : Yes.
The Shaykh : It was narrated from the Prophet (peace and blessings be upon him):
The Messenger of Allah cursed the Muhill and the one the Muhallal was done for.
أنه لعن المحلل والمحلل لهAnd this is a matter I state for general benefit: every ruse (tahil) to circumvent a prohibition does not make it permissible, and every ruse to circumvent an obligation does not remove its obligation. So this ruse to circumvent the prohibition, which is the return of the wife to her husband who divorced her three times in this manner that is not intended, this ruse does not remove the prohibition, rather it does not make the prohibited matter permissible, which is the woman returning to her first husband.
And based on this, she does not become permissible for the first husband, and it is obligatory to separate her from her second husband as long as he married her with the intention of making her permissible.
The questioner : May Allah reward you.