English
‘Abdullah ibn Mas’ud (may Allah be pleased with him) narrated that the Messenger of Allah (ﷺ) said, "Allah curses the muhallil (one who marries to make a woman lawful for her first husband) and the one for whom he does so." [Narrated by Ad-Darimi]
Ibn Majah narrated it from ‘Ali, Ibn ‘Abbas, and ‘Uqbah ibn ‘Amir. Muhammad narrated in Al-Athar from Sa’id ibn Jubayr: "I was sitting with ‘Abdullah ibn Mas’ud when a Bedouin came and asked about a man who divorced his wife once or twice, her waiting period ended, she married another man, he consummated the marriage, then died or divorced her, and her waiting period ended. The first husband wants to remarry her—how many divorces remain?" Ibn Mas’ud turned to Ibn ‘Abbas and said, "What do you say?" Ibn ‘Abbas replied, "The second husband annuls the first and second (divorces), leaving three. Ask Ibn ‘Umar." The Bedouin met Ibn ‘Umar, who agreed with Ibn ‘Abbas.
Muhammad narrated in Al-Muwatta’ from Abu Hurairah that he sought a verdict from ‘Umar ibn al-Khattab about a man who divorced his wife once or twice, left her until her waiting period ended, she married another, then he died or divorced her. The first husband wanted to remarry her—how many divorces remain? ‘Umar said, "She is on the remaining divorces."
Possible references (unverified, pending editorial review)
- Candidate: Mishkat al-Masabih 3296 (unverified) 50% confidence
- Candidate: Sunan al-Darimi 2258 (unverified) 35% confidence
Mishkat (candidate) 3296
Confidence and text similarity are not editorial verification.
Commentary and footnotes (1)
Note 1
(1) The statement: "Allah curses the muhallil and the one for whom he does so"—If a man marries a woman on the condition that he will consummate and divorce her so she can return to her first husband, such a marriage is prohibitively disliked due to this hadith. If he marries her with this condition, consummates, and divorces her, she becomes lawful for the first husband after her waiting period, though the sin remains for such a marriage and tahill. There is disagreement: Muhammad held that the marriage is valid with the tahill condition, as contracts are not invalidated by invalid conditions. However, she does not become lawful for the first husband through such consummation, as it hastens what the Shari’ah delayed. Abu Yusuf and Ash-Shafi’i said the marriage is invalid due to the tahill condition, as it resembles a temporary marriage. Abu Hanifah’s view is that the marriage is valid but disliked. If the tahill is concealed in the heart without explicit mention, it is permissible without dislike. The Shafi’i school differs from us in that they consider tahill invalid, while we consider it valid but sinful.