Explanation of the Book of Marriage-07
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The Shaykh : Then the author said: "And from Ibn Mas'ud (may Allah be pleased with him), he said: Sunan Ibn Majah 1934Sahih (Darussalam) It was narrated by Ahmad, al-Nasa'i, and al-Tirmidhi, and he graded it as authentic. There is also a report in this chapter from Ali, which was narrated by the four [Imams] except al-Nasa'i".
First, we must know what a muhallil is? The muhallil is the one who marries a woman who was divorced by her previous husband with a triple divorce, in order for her to become lawful for the first husband again. This is because if a man divorces his wife three times—divorcing her, then taking her back, then divorcing her, then taking her back, then divorcing her for the third time—she does not become lawful for him except after another husband, by the saying of Allah the Exalted: [Al-Baqarah 2:229] up to His saying: Which divorce is this? The third one, because what came before was two; this is the third. meaning the third [Al-Baqarah 2:230] for the one who divorced her, meaning after this divorce [Al-Baqarah 2:230] she marries—does this mean contracting the marriage or having intercourse with her?
The student: The second.
The Shaykh : The second?
The student: Yes.
The Shaykh : Marriage in the Noble Qur'an is only for the contract:[An-Nisa 4:22] the contract, and not otherwise. Marriage in the Qur'an refers to the contract, but here it is not for the contract; here it is for intercourse, because He said: [Al-Baqarah 2:230] So he attached marriage to the husband, and one does not become a husband except by contract. Therefore, marriage after the state of being a husband is intercourse. Otherwise, He would have said: "until she marries another man." If He had said: "until she marries another man," the intended meaning of marriage would have been [the contract].
The student: The contract.
The Shaykh : The contract. So when He said: that means the state of being a husband precedes the marriage. And at that point, marriage is interpreted as intercourse, as indicated by the hadith mentioned in the footnote. It says: From Aisha (may Allah be pleased with her), she said: The wife of Rafi' al-Qurazi came to the Prophet (peace and blessings be upon him) and said: Mishkat al-Masabih 3295 This means that with this divorce, the divorce became final. Yes. Mishkat al-Masabih 3295 It is not by Ibn al-Zubayr, Ibn al-Zubayr, Sahih al-Bukhari 2639 And she gestured with the edge of her garment, like the fringe of a garment, meaning the man did not... say something like this in the presence of the Messenger of Allah (peace and blessings be upon him), but Allah is not shy of the truth.
Now, the important point I am saying is: if a man divorces his wife three times, she does not become lawful for him until she marries another husband. So, a man divorced a woman three times, and a friend of his came and married her on the condition that he would make her lawful for the husband, meaning he would have intercourse with her after the marriage and then divorce her. We say: this is a muhallil, and his ruling is that he is cursed, may Allah protect us from that. He is cursed, and the cursed one is the one expelled from the mercy of Allah.
The one for whom tahlil is performed is whom? The first husband. How was he cursed? Because the tahlil was done by agreement with him, and he was aware of it. But if he was not aware, how would he be cursed? But he was aware. He had a friend who said: "O my friend, I have divorced the mother of my children, and this is the final divorce. Marry her and make her lawful for me." So the friend did it out of compassion for his friend; he married her, had intercourse with her, and divorced her. We say: the second one is the muhallil, and the first one is the one for whom tahlil was performed, and both are cursed by the tongue of the Prophet (peace and blessings be upon him). The question now is: does she become lawful for the first husband or not?
The student: No.
The Shaykh : She does not become lawful for the first husband. So he did not benefit except that he was cursed, may Allah protect us from that. She does not become lawful, and it will be explained that she does not become lawful, yes, if Allah wills.
The Messenger of Allah cursed the Muhallil and the Muhallal lahu.
لعن رسول الله صلى الله عليه وسلم المحلل والمحلل لهThe one who performs tahlil and the one for whom it is performed
المحلِّل والمحلَّل لهDivorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment.
الطلاق مرتان فإمساك بمعروف أو تسريح بإحسانIf he divorces her
فإن طلقهIf he divorces her
فإن طلقهاthen she is not lawful to him
فلا تحل لهAfter that
من بعدُuntil [after] she marries a husband other than him
حتى تنكح زوجاً غيرهThe student: The second.
The Shaykh : The second?
The student: Yes.
The Shaykh : Marriage in the Noble Qur'an is only for the contract:
And do not marry those [women] whom your fathers married
ولا تنكحوا ما نكح آباءكم من النساءuntil [after] she marries a husband other than him
حتى تنكح زوجًا غيرهThe student: The contract.
The Shaykh : The contract. So when He said:
Until she marries a husband
حتى تنكح زوجاًI was married to Rifa’a but he divorced me, making my divorce irrevocable.
كنت عند رفاعة فطلقني فبت طلاقيAfterwards I married ‘Abd ar-Rahman b. az- Zubair
فتزوجت بعده عبد الرحمن بن الزبيرbut he is impotent." The Prophet (ﷺ) asked her 'Do you want to remarry Rifa`a? You cannot unless you had a complete sexual relation with your present husband."
وإنما معه مثل هدبة الثوب ، فقال أتريدين أن ترجعي إلى رفاعة ؟ لا حتى تذوقي عسيلته ويذوق عسيلتكNow, the important point I am saying is: if a man divorces his wife three times, she does not become lawful for him until she marries another husband. So, a man divorced a woman three times, and a friend of his came and married her on the condition that he would make her lawful for the husband, meaning he would have intercourse with her after the marriage and then divorce her. We say: this is a muhallil, and his ruling is that he is cursed, may Allah protect us from that. He is cursed, and the cursed one is the one expelled from the mercy of Allah.
The one for whom tahlil is performed is whom? The first husband. How was he cursed? Because the tahlil was done by agreement with him, and he was aware of it. But if he was not aware, how would he be cursed? But he was aware. He had a friend who said: "O my friend, I have divorced the mother of my children, and this is the final divorce. Marry her and make her lawful for me." So the friend did it out of compassion for his friend; he married her, had intercourse with her, and divorced her. We say: the second one is the muhallil, and the first one is the one for whom tahlil was performed, and both are cursed by the tongue of the Prophet (peace and blessings be upon him). The question now is: does she become lawful for the first husband or not?
The student: No.
The Shaykh : She does not become lawful for the first husband. So he did not benefit except that he was cursed, may Allah protect us from that. She does not become lawful, and it will be explained that she does not become lawful, yes, if Allah wills.