Tahleel Marriage Is Haraam And Invalid: Marrying Her Then Divorcing Her So That She Can Return To Her First Husband
Islamic Rulings -
Living Shariah Verdicts
Islamic Questions & Answers
has divorced his wife the third and final divorce. Is
it permissible that I marry her then divorce her so
that she can return to her first husband?
Praise be to Allaah.
If a man
divorces his wife for the third time, then she is not
permissible for him to marry until she has married
another man, because Allaah says (interpretation of
the meaning): "And if he has divorced her (the third
time), then she is not lawful unto him thereafter
until she has married another husband" [al-Baqarah
It is stipulated that this marriage which will make
her permissible for her first husband should be a
valid marriage. Temporary marriage (mut'ah marriage)
or marriage for the purpose of making her permissible
for her first husband then divorcing her (tahleel
marriage) are both haraam and invalid according to the
vast majority of scholars, and it does not make the
woman permissible for her first husband.
See: al-Mughni (10/49-55).
There are saheeh ahaadeeth from the Prophet (peace and
blessings of Allaah be upon him) which show that
tahleel marriage is haraam.
Abu Dawood (2076) narrated that the Prophet (peace and
blessings of Allaah be upon him) said: "Allaah has
cursed the muhallil and the muhallal lahu." This was
classed as saheeh by al-Albaani in Sunan Abi Dawood.
The muhallil is the one who marries a woman and
divorces her so that she can go back to her first
husband, and the muhallal lahu is the first husband.
Ibn Majaah (1936) narrated from 'Uqbah ibn 'Aamir (may
Allaah be pleased with him) that the Prophet (peace
and blessings of Allaah be upon him) said: "Shall I
not tell you of a borrowed billy-goat." They said,
Yes, O Messenger of Allaah. He said, "He is al-muhallil.
May Allaah curse al-muhallil and al-muhallal lahu."
Classed as hasan by al-Albaani in Saheeh Sunan Ibn
'Abd al-Razzaaq (6/2650 narrated that 'Umar ibn al-Khattaab
(may Allaah be pleased with him) said whilst
addressing the people: "By Allaah, no muhallil or
muhallal lahu will be brought to me but I will stone
This applies whether he states his intention clearly
when doing the marriage contract and they stipulate
that when he has made her permissible for her first
husband he will divorce her, or they do not stipulate
that and he intends it to himself only.
Al-Haakim narrated from Naafi' that a man said to Ibn
'Umar: I married a woman and made her permissible for
her first husband, and he did not tell me to do that
and he did not know. He said: No, marriage should be
based on genuine intentions; if you like her then keep
her, and if you do not like her then leave her. He
said: At the time of the Messenger of Allaah (peace
and blessings of Allaah be upon him) we would regard
that as zina. And he said: They will still be
adulterers, even if they remain for twenty years.
Imam Ahmad was asked about a man who married a woman
intending thereby in his heart to make her permissible
for her first husband, but the woman did not know
about that. He said: He is a muhallil, and if he
intends thereby to make her permissible for her first
husband, then he is cursed.
Based on that, it is not permissible for you to marry
this woman if you intend thereby to make her
permissible for her first husband. Doing that is a
major sin, and the marriage will not be valid, rather
it is zina – Allaah forbid.