145- The second form of marriage prohibited by Allah and committed by some people is Tahlil marriage

Tahlil (a marriage contracted for the sole purpose of legalizing remarriage between an irrevocably divorced couple) is a form of marriage concluded by a person whose wife is prohibited to him by force of the third occurrence of divorce. Some people, out of weak Iman (Faith) and lack of fear of Allah, might agree with another man to marry his ex-wife. When he consummates his marriage with her through intercourse, he leaves her so that she may return to her ex-husband. This is the form of marriage called Tahlil. It was authentically reported from the Messenger of Allah (peace be upon him) that he cursed the Muhallil (a man who marries an irrevocably divorced woman for the sole purpose of making her lawful for her ex-husband to remarry) and the Muhallal-la-hu (the ex-husband of the woman who was irrevocably divorced, seeking to remarry her through an unlawful marriage). [1] A Muhallil is like a borrowed breeding bull; the husband is the one who asks him to marry his ex-wife; and the Muhallal-la-hu is the ex-husband who divorced his wife. This form of marriage is invalid and Batil (null and void) if they agree on it out of manipulation, whether by word of mouth or in writing. All this is prohibited according to the Hadith mentioned about cursing the Muhallil and the Muhallal-la-hu. This was also mentioned in many Hadiths reported on the authority of Ibn Mas`ud, Abu Hurayrah and others. In another narration reported from the Prophet (peace be upon him) he said: "Shall I tell you about the borrowed breeding bull?" We said, "O, yes, Messenger of Allah!" He said, "He is the Muhallil; may Allah curse the Muhallil and

(Part No. 20; Page No. 277)

 the Muhallal-la-hu." [2] He was called a borrowed breeding bull because he is brought not as a husband, but only to have intercourse once and then divorce this woman. Allah (Glorified and Exalted be He) says about a woman who is irrevocably divorced: And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. [3] When a husband realizes that he cannot return to his wife except after she marries another man, and both of them want to return to each other, Satan encourages them to commit this evil deed; They agree with a Muhallil to marry the woman temporarily in return for a sum of money. They usually do not care about his status, his origin or his competence; all that matters is that he has intercourse with her once and then divorces her to make it lawful for her ex-husband to return to her. This is one of the worst kinds of mischief. Such a man is considered an adulterer, because he does not marry this woman for the purpose of true marriage, chastity, and procreation; he only intends to make it lawful for her husband to return to her by a one-time sexual encounter. This marriage is void, and not Shar`y (Islamically lawful). If this is known, she is not considered lawful for her ex-husband. Such a man deserves Ta`zir (discretionary punishment) so that he is deterred from such acts. The wife deserves Ta`zir as well if she consented to this evil, because this form of marriage is Fasid (void), unacceptable and a sin. Whoever, takes part in it: the Muhallil, Muhallilah (an irrevocably divorced woman)

(Part No. 20; Page No. 278)

 the Muhallal-la-hu and the wife deserve Ta`zir. If the Muhallil wants to go on with his marriage, it is unlawful for him to do so because he married her with this intention, which makes this marriage corrupt. She becomes lawful neither for him nor for her ex-husband, because this is not considered marriage. Allah (Exalted be He) says: ...until she has married another husband. [4] This is not a husband, but rather a "borrowed breeding bull", so he does not make her lawful for her ex-husband.