marriage of the muhallil

 

The Muhallil is the one who marries a woman who has been divorced three times with the intention of making her permissible for the first husband. The Prophet, peace and blessings be upon him, called him the borrowed goat, as in the noble hadith on the authority of Uqbah ibn Amir al-Juhani, may Allah be pleased with him: The Messenger of Allah, peace and blessings be upon him, said: “Shall I not tell you about the borrowed goat?” They said: Yes, O Messenger of Allah. He said: “He is the one who permits it. May Allah curse the one who permits it and the one for whom it is permissible.” Then the Messenger of Allah, may Allah bless him and grant him peace, said: “May Allah curse the one who permits it and the one for whom it is permissible.” In another narration: “May Allah curse the one who permits it and the one for whom it is permissible.” Narrated by Abu Dawud and classed as hasan by al-Albani, and authenticated by al-Dhahabi and al-Hakim in al-Mustadrak.
In Al-Mustadrak of Al-Hakim and Al-Mu'jam Al-Awsat of Al-Tabarani with a saheeh chain of narration, a man came to Ibn Umar, may Allah be pleased with them both, and asked him about a man who divorced his wife three times, and his brother married her without his conspiring to make her permissible for his brother. Is she permissible for the first wife? He said: “No, marriage is a desire. We used to consider this fornication during the time of the Messenger of Allah, may Allah bless him and grant him peace.”
Before establishing the issue, I would like to say that the reason for the muhallil marriage is divorce. There must be some detail about divorce so that we may know the greatness of God in legislating the rulings. Our Lord, blessed be His name, says in the decisive revelation: “Divorce is twice, then either keep [her] in an acceptable manner or release [her] with good treatment.” It was mentioned in the reasons for revelation on the authority of Urwah ibn al-Zubayr on the authority of his aunt, Lady Aisha, whom he met and learned from.. that if a man divorces his wife and then takes her back before her waiting period ends, that is for him, even if he divorces her a thousand times. So a man went to his wife and divorced her, then he gave her time until her waiting period was about to end, then he took her back, then he divorced her and said: By God, I will not take you back. To me, and you will never be permissible. Then God Almighty revealed: {Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment.} Sahih, narrated by Al-Tirmidhi, Malik, and Ibn Abi Hatim. Before Islam, women were tortured in this way. He would divorce her, and when her waiting period was about to end, he would take her back and then divorce her. She would remain in limbo, neither divorced nor married. This is what was indicated by “By God, I will surely leave you, neither divorced nor married.” A widow is one who has no husband, whether a woman or a man. He would divorce her, and when the waiting period was about to end, he would take her back. He did that repeatedly. Then God revealed the verse “Divorce is twice.” And to show the horror of this matter for women, we see that the waiting period of a woman differs in length according to the situation. For example, a divorced woman whose husband has not consummated the marriage with her or had sexual intercourse with her, as soon as she is divorced, she becomes permissible for another husband and there is no waiting period. Then a divorced woman whose husband has consummated the marriage, if she is: - Pregnant, her waiting period is until she gives birth. As God Almighty said: “And those who are divorced, then her waiting period is until she gives birth.” “The term of pregnancy is until they give birth.” So a pregnant woman may be divorced by her husband in the morning and give birth in the evening. Here her waiting period has expired during the period between the divorce and the birth.




- If she is not pregnant, her waiting period is three complete menstrual cycles.. This is after the divorce of course.. If she menstruates three times, regardless of the period between these three times, then her waiting period is over and ends with the last menstrual cycle.. Allah the
Almighty says: "Divorced women shall wait, concerning themselves, three menstrual periods." - If she does not menstruate, her waiting period is three months.. Allah the Almighty says: "And those of your women who have despaired of menstruation, if you are in doubt, their waiting period is three months."
- If her menstruation stops for some reason, then she waits until this reason is removed and disappears, then she menstruates three times, and that is her waiting period.
- If her menstruation stops and she does not know what stopped it, then her waiting period is one full year, meaning she waits 9 months to get pregnant. If there is no fetus or pregnancy, then she waits for his
return for three months as a waiting period. This is the waiting period of a divorced woman. If a man divorces a woman before Islam, she can wait three menstrual periods, or three months, or 9 months for the duration of the pregnancy. Then when her waiting period approaches, he takes her back again and then divorces her. She is neither married nor divorced.
When Islam appeared, it made the divorce that allows a man to take his wife back to be two divorces only, and it is called by the scholars of jurisprudence a minor irrevocable divorce. If it reaches the third divorce, then this is a major irrevocable divorce.
So if a man divorces his wife three times, she is not permissible for him after that until she marries another husband in a valid marriage that meets the conditions. Then she is divorced from this last husband. At that point, she is permissible for her first husband.
Marriage, brothers, is a contract. This contract is a marriage contract, that is, a covenant and commitment between two parties. The basis of this contract is the legitimacy of obtaining a wife, having intercourse with her, and so on.
The conditions of this contract that are written in it are:
1- Designating the spouses.. It is not correct for the wife’s guardian to say “I have married you to my daughter and he has other daughters.” Rather, the wife must be identified by her name and so must the husband.
2- The consent of both spouses.
3- The presence of the guardian, based on the saying of the Prophet (peace and blessings of Allaah be upon him): “Any woman who marries without the permission of her guardian, her marriage is invalid, so their marriage is invalid, so her marriage is invalid.” Sahih and narrated by Ahmad and Abu Dawood. The one who has the right to marry a woman is her father, then her grandfather, then her son, then her full brother, then her paternal brother, then the next closest relative.
4- Witnessing the marriage.. and they must be two witnesses.. Based on the saying of Imran ibn Husayn, traced back to the Prophet (peace and blessings of Allaah be upon him): “There is no marriage except with a guardian and two just witnesses.” Sahih narrated by Ibn Hibban and authenticated by al-Dhahabi.
5- The spouses must be free of impediments to marriage.. These impediments are such as lineage, breastfeeding, marriage, or difference in religion.. or the man being married. 4 This would be the fifth.
The validity of the contract does not require intention.. As if it were written in the contract.. Marriage for a specific period or marriage for analysis.. And I will discuss this, God willing, in detail in its place.. So that you do not get confused with me.
Ok, we have defined marriage, its conditions and the waiting period of a divorced woman.. So we must know what the face is, or in more precise terms and in an easier way.. How does a divorced woman become permissible for her first husband?
I will answer this question first by saying of our Lord, the Blessed and Exalted, in the Holy Quran: “But if he has divorced her, then she is not lawful to him afterward until she marries another husband. But if he has divorced her, then there is no blame upon them if they return to each other if they think that they can keep within the limits of Allah. And these are the limits of Allah which He makes clear to a people who know.” And He explained
it as follows:
If a man divorces his wife three times, she becomes forbidden to him. After the waiting period has expired, she marries another person. Then, after a day or two, a month or a year, he divorces her and takes her back. Here, she becomes permissible for the first husband after her waiting period has ended. She may return to her first husband with a new dowry and a new marriage.
This is the correct, legal analysis.
As for a man divorcing his wife, then agreeing with another person to marry his wife for an hour or two to make her permissible, then divorcing her and taking her back to her first husband, this is the tahlil (a type of marriage in which the Prophet (peace and blessings of Allaah be upon him) said: “Allaah has cursed the one who makes it permissible and the one for whom it is made permissible.”
This is the marriage of the tahlil, O brothers, and its reality has become clear to you.