سنن ابي داود
Abu Dawud
كتاب النكاحMarriage (Kitab Al-Nikah)
باب فِي التَّحْلِيلِChapter: Regarding Tahlil (Intentionally Marrying A Divorcee To Make Her Permissible For Her First Husband).
Hadith 2077
اُردوEn
حَدَّثَنَا وَهْبُ بْنُ بَقِيَّةَ ، عَنْ خَالِدٍ ، عَنْ حُصَيْنٍ ، عَنْ عَامِرٍ ، عَنْ الْحَارِثِ الْأَعْوَرِ ، عَنْ رَجُلٍ مِنْ أَصْحَابِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قَالَ : فَرَأَيْنَا أَنَّهُ عَلِيٌّ عَلَيْهِ السَّلَام ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، بِمَعْنَاهُ .
The aforesaid tradition has also been transmitted by Ali through a different chain of narrators from the Prophet ﷺ to the same effect.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Harith bin Abdullah al-A'war al-Hamdani al-Kufi is a liar (kadhdhab) narrator; however, this narration is authentic in light of other authentic (sahih) ahadith. Shaykh al-Albani rahimahullah has also declared both these hadiths to be authentic.
Benefit: If a woman has received three divorces (talaq) from her husband at different times and her husband's right of return (ruju') has ended, and then a man marries her with the intention and consummates the marriage so that she becomes lawful (halal) for her first husband, this is absolutely forbidden (haram) and impermissible.
This is called halalah; through such a marriage, the woman will not become lawful for her first husband.
It is narrated in al-Mustadrak al-Hakim and al-Tabarani al-Awsat from Nafi' that a man came to the service of Ibn Umar radi Allahu anhuma and asked: A man gave his wife three divorces, so his brother, without any consultation, married that woman so that he could make her lawful for his brother.
Will she become lawful for her first husband in this way? He replied: No, unless the marriage was contracted with genuine desire. We used to consider such a marriage as fornication (zina) in the time of the Messenger of Allah sallallahu alayhi wa sallam.
('Awn al-Ma'bud) This act is extremely disgraceful and shameless; in another narration, such a person is called a "borrowed bull."
Harith bin Abdullah al-A'war al-Hamdani al-Kufi is a liar (kadhdhab) narrator; however, this narration is authentic in light of other authentic (sahih) ahadith. Shaykh al-Albani rahimahullah has also declared both these hadiths to be authentic.
Benefit: If a woman has received three divorces (talaq) from her husband at different times and her husband's right of return (ruju') has ended, and then a man marries her with the intention and consummates the marriage so that she becomes lawful (halal) for her first husband, this is absolutely forbidden (haram) and impermissible.
This is called halalah; through such a marriage, the woman will not become lawful for her first husband.
It is narrated in al-Mustadrak al-Hakim and al-Tabarani al-Awsat from Nafi' that a man came to the service of Ibn Umar radi Allahu anhuma and asked: A man gave his wife three divorces, so his brother, without any consultation, married that woman so that he could make her lawful for his brother.
Will she become lawful for her first husband in this way? He replied: No, unless the marriage was contracted with genuine desire. We used to consider such a marriage as fornication (zina) in the time of the Messenger of Allah sallallahu alayhi wa sallam.
('Awn al-Ma'bud) This act is extremely disgraceful and shameless; in another narration, such a person is called a "borrowed bull."
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2077
