The Ruling on Marriage for the Purpose of Divorce (Tahlil)
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The listener Sa'id Ali Muhammad Yemani sent a question, saying: A man married a woman on the condition that he would make her permissible for her first husband, and after the marriage he refused to divorce her. What is your guidance?
Answer: If the intention was to make her permissible for her husband, if the intention was to make her permissible for her husband, then this marriage is invalid and its practitioner is cursed; we seek refuge in Allah from that. The Messenger (peace and blessings be upon him) cursed the one who performs tahlil and the one for whom it is performed. It is a cursed marriage, and it is defective; it does not make her permissible for her first husband, nor for the second husband who married her with the intention of tahlil, even if he desired her. Rather, it is obligatory for him to divorce her with one divorce to invalidate this defective contract and remove its doubt. After that, she is free to choose: if she wishes, she may marry him, and if she wishes, she may marry someone else after she exits her waiting period, if he had intercourse with her. If she exits her waiting period after three menstrual cycles, if she menstruates, or after three months, if she is an older woman who does not menstruate or a young girl who does not menstruate, and if she exits the waiting period, she may marry whom she wishes other than her first husband, until a lawful husband marries her and has intercourse with her. A lawful husband who did not intend tahlil marries her, then divorces her or dies from her, and she becomes permissible for her first husband. As for this one who intended tahlil, even if he had intercourse with her, she does not become permissible for her first husband. He is disobedient in his action, cursed as in the hadith. It is obligatory for him to separate from her with one divorce, and then, after repentance and her exiting the waiting period, he may marry her anew if she agrees to that. Yes.
The presenter: May Allah reward you with good.
Answer: If the intention was to make her permissible for her husband, if the intention was to make her permissible for her husband, then this marriage is invalid and its practitioner is cursed; we seek refuge in Allah from that. The Messenger (peace and blessings be upon him) cursed the one who performs tahlil and the one for whom it is performed. It is a cursed marriage, and it is defective; it does not make her permissible for her first husband, nor for the second husband who married her with the intention of tahlil, even if he desired her. Rather, it is obligatory for him to divorce her with one divorce to invalidate this defective contract and remove its doubt. After that, she is free to choose: if she wishes, she may marry him, and if she wishes, she may marry someone else after she exits her waiting period, if he had intercourse with her. If she exits her waiting period after three menstrual cycles, if she menstruates, or after three months, if she is an older woman who does not menstruate or a young girl who does not menstruate, and if she exits the waiting period, she may marry whom she wishes other than her first husband, until a lawful husband marries her and has intercourse with her. A lawful husband who did not intend tahlil marries her, then divorces her or dies from her, and she becomes permissible for her first husband. As for this one who intended tahlil, even if he had intercourse with her, she does not become permissible for her first husband. He is disobedient in his action, cursed as in the hadith. It is obligatory for him to separate from her with one divorce, and then, after repentance and her exiting the waiting period, he may marry her anew if she agrees to that. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.