Continuation of the explanation of the hadith: (Ibn Mas'ud (may Allah be pleased with him) said: The Messenger of Allah (peace and blessings be upon him) cursed the muhallil and the one for whom the muhallil is done.
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The Shaykh : We now begin our lesson. The author (may Allah have mercy on him) quoted from Ibn Mas'ud: Sahih al-Bukhari 5515 Its explanation and benefits have already been discussed previously.
The student: We did not take down its benefits.
The Shaykh : Later, well, there is no harm.Jami` at-Tirmidhi 1119Da'if (Darussalam) "He cursed him" means he said: "May the curse of Allah be upon him." Here, the statement (khabar) is in the sense of a supplication (du'a). It is also permissible that it be a statement in the sense of a true report, meaning a genuine report. This is because the Prophet (peace and blessings be upon him) receives revelation and conveys it from Allah. So it is possible that the saying of the Messenger: is a report from Allah that He cursed him, not a supplication. As for me, if I say: "May the curse of Allah be upon so-and-so," I am making a supplication, unless I have based this on a text that indicates this, such as: Is this a supplication or a report? It is a report, because it came in the text. Similarly, the supplication of the Prophet (peace and blessings be upon him) against the doer of such an act... it is possible that it is a supplication, and it is possible that it is a report. The hadith of Jabir: "He cursed the one who consumes riba" — does this mean he said: "O Allah, curse him," or is it a report from Allah that He cursed him?
The student: It is a report from Allah.
The Shaykh : There is a possibility [of either], but we say: whether it is a supplication or a report, it indicates that the doer is deserving of the curse, because the Prophet (peace and blessings be upon him) cannot supplicate against anyone unless that person is deserving.
The muhallil is the one who marries a woman who has been divorced three times in order to make her lawful for the first husband. We mentioned that there are two conditions for making her lawful for the first husband:
The first condition: The validity of the marriage, meaning that it must be a marriage of desire (nikah raghabah), not a marriage for the purpose of making her lawful (nikah tahllil), and not a temporary marriage (nikah mut'ah). The marriage must be valid. Well, if it turns out that the marriage is not valid, does she become lawful for the first husband?
The student: No.
The Shaykh : No. For example: A man marries a woman in a marriage of desire, and she had been divorced three times by her first husband. Then it turns out that she is his sister through breastfeeding. What is the ruling on the marriage?
The student: Falsehood.
The Shaykh : It is invalid. Does she become lawful for the first husband? No, because the marriage is not valid, and we stipulated that the marriage must be valid. What if he married her without a guardian?
The student: Falsehood.
The Shaykh : Does she become lawful for the first husband?
The student: No.
The Shaykh : No, because the marriage is defective and not valid. Well.
The second condition: That he have intercourse with her. The evidence for this is what will come in the hadith of 'A'ishah, if Allah wills, and we referred to it in the previous explanation. The evidence for this is in the Qur'an and the Sunnah. As for the Qur'an, it is the saying of Allah the Exalted:[Al-Baqarah 2:230] The point of indication is that He said: Here, "marriage" (nikah) is understood to mean intercourse, and it is not correct to understand it as the contract, because His saying: implies that the state of being a wife must precede what?
The student: The marriage.
The Shaykh : The marriage. And thus, it is established that the intended meaning of "marriage" is intercourse, and the hadith explains or clarifies this verse.
Well, in this case as well: If she returns to the first husband after a valid marriage, does she return to him with three divorces remaining or with one? The scholars say: She returns to him with three divorces, meaning that the first husband has the right to three divorces, and the previous divorces are not counted against him. So, if the first husband divorces her, for example, after she has returned to him, does he have the right to take her back?
The student: Yes.
The Shaykh : Yes. If he divorces her a second time, he has the right to take her back. If he divorces her a third time, he does not have the right. So she returns to the first husband with three divorces, meaning: as if he married her now, because the marriage of the second husband nullified the first divorce.
Narrated Sa`id bin Jubair: While I was with Ibn `Umar, we passed by a group of young men who had tied a hen and started shooting at it. When they saw Ibn `Umar, they dispersed, leaving it. On that Ibn `Umar said, "Who has done this? The Prophet (ﷺ) cursed the one who did so." Narrated Ibn `Umar: The Prophet (ﷺ) cursed the one who did Muthla to an animal (i e., cut its limbs or some other part of its body while it is still alive).
أن النبي صلى الله عليه وسلم لعن المحلِّل والمحلَّل لهThe student: We did not take down its benefits.
The Shaykh : Later, well, there is no harm.
Jabir bin Abdullah and Ali narrated: "The Messenger of Allah cursed the Muhill and the one the Muhallal was done for."
لعن المحلّل والمحلَّل لهMay the curse of Allah be upon the muhallil
لعنة الله على المحللMay the curse of Allah be upon the one who curses his parents
لعنة الله على من لعن والديهHe cursed the one who consumes riba
لعن آكل الرباThe student: It is a report from Allah.
The Shaykh : There is a possibility [of either], but we say: whether it is a supplication or a report, it indicates that the doer is deserving of the curse, because the Prophet (peace and blessings be upon him) cannot supplicate against anyone unless that person is deserving.
The muhallil is the one who marries a woman who has been divorced three times in order to make her lawful for the first husband. We mentioned that there are two conditions for making her lawful for the first husband:
The first condition: The validity of the marriage, meaning that it must be a marriage of desire (nikah raghabah), not a marriage for the purpose of making her lawful (nikah tahllil), and not a temporary marriage (nikah mut'ah). The marriage must be valid. Well, if it turns out that the marriage is not valid, does she become lawful for the first husband?
The student: No.
The Shaykh : No. For example: A man marries a woman in a marriage of desire, and she had been divorced three times by her first husband. Then it turns out that she is his sister through breastfeeding. What is the ruling on the marriage?
The student: Falsehood.
The Shaykh : It is invalid. Does she become lawful for the first husband? No, because the marriage is not valid, and we stipulated that the marriage must be valid. What if he married her without a guardian?
The student: Falsehood.
The Shaykh : Does she become lawful for the first husband?
The student: No.
The Shaykh : No, because the marriage is defective and not valid. Well.
The second condition: That he have intercourse with her. The evidence for this is what will come in the hadith of 'A'ishah, if Allah wills, and we referred to it in the previous explanation. The evidence for this is in the Qur'an and the Sunnah. As for the Qur'an, it is the saying of Allah the Exalted:
And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him
فإن طلقها فلا تحل له من بعد حتى تنكح زوجًا غيرهmarry another husband
تنكح زوجاًanother husband
زوجاًThe student: The marriage.
The Shaykh : The marriage. And thus, it is established that the intended meaning of "marriage" is intercourse, and the hadith explains or clarifies this verse.
Well, in this case as well: If she returns to the first husband after a valid marriage, does she return to him with three divorces remaining or with one? The scholars say: She returns to him with three divorces, meaning that the first husband has the right to three divorces, and the previous divorces are not counted against him. So, if the first husband divorces her, for example, after she has returned to him, does he have the right to take her back?
The student: Yes.
The Shaykh : Yes. If he divorces her a second time, he has the right to take her back. If he divorces her a third time, he does not have the right. So she returns to the first husband with three divorces, meaning: as if he married her now, because the marriage of the second husband nullified the first divorce.