First of all, let us try to describe the meaning of Tahleel marriage.
Islam gives 3 chances to a man in divorcing his wife. After the third divorce, she becomes unlawful for him and divorce is considered irrevocable. However, they can become permissible for each other only after the wife has married another man and then divorced/widowed by him.
Allah (swt) 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 2:230].
It is believed that the marriage that will make her permissible for her first husband must be a valid marriage. Temporary marriage (Mut’ah marriage) or marriage for the purpose of making her permissible for first husband (Tahleel marriage) are harams and invalid. i.e. one cannot marry a woman temporarily with an intention to divorce her and make her permissible for her first husband is haram and invalid. Such marriages don’t make a woman permissible for her first husband. Majority of scholars are of same belief and say so.
There are saheeh ahaadeeth from the Prophet (peace and blessings of Allah (swt) be upon him) which show that tahleel marriage is haraam.
Abu Dawood (2076) narrated that the Prophet (peace and blessings of Allah(swt) be upon him) said: “Allah(swt) 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 Allah(swt) be pleased with him) that the Prophet (peace and blessings of Allah(swt) be upon him) said: “Shall I not tell you of a borrowed billy-goat.” They said, Yes, O Messenger of Allah (swt). He said, “He is al-muhallil. May Allah(swt) curse al-muhallil and al-muhallal lahu.” Classed as hasan by al-Albaani in Saheeh Sunan Ibn Maajah.
‘Abd al-Razzaaq (6/2650 narrated that ‘Umar ibn al-Khattaab (may Allah(swt) be pleased with him) said whilst addressing the people: “By Allah(swt), no muhallil or muhallal lahu will be brought to me but I will stone them.”
Marriage is a sacred bond and one must not corrupt this precious bond with their ill intentions. If such a case happens and the first husband marries this woman, then they will be considered as an adulterers.
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 Allah(swt) (peace and blessings of Allah (swt) 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.
Conclusion:
Based on the above discussion, we conclude that Tahleel marriage or temporary marriages are invalid and haram. Doing that is a major sin, and the marriage will not be valid, rather it is Zina – Allah(swt) forbid. The marriage that makes her permissible for her first husband must be valid with no ill intentions.
May Allah protect us.
