Toggle above to switch between keyword search and direct hadith lookup
الفتح الربانی
Fath al-Rabbani
بيان موانع النكاحExplanation of Impediments to Marriage
بَابُ مَا جَاءَ فِي نِكَاحِ الْمُحَلِلِ وَالْمُحْرِمِChapter: What Has Been Reported Regarding the Marriage of the Muhallil and the Muhrim
Hadith 6998
اُردوEn
عَنْ أَبِي هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ قَالَ لَعَنَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ الْمُحَلِّلَ وَالْمُحَلَّلَ لَهُ
It is narrated from Sayyiduna Abu Hurairah (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) cursed both the one who performs Halalah and the one for whom it is performed.
Brief Explanation
Benefits: … The person who makes something lawful (muhallil) is one who marries a woman who has been given three divorces (talaq) and then has intercourse with her, thereby making her lawful for her first husband. In this process, there is humiliation and degradation of the woman, a lack of honor and dignity, and baseness and vileness in the temperament of those who participate in it. For this reason, the Prophet sallallahu alayhi wa sallam described such a person as a rented bull.
It is narrated from Sayyiduna Uqbah bin Amir radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam said: “Shall I not inform you about the rented bull?” They said, “Yes, O Messenger of Allah!” He sallallahu alayhi wa sallam said: “He is the muhallil (the one who makes something lawful). Allah has cursed the muhallil and the one for whom it is made lawful.” (Ibn Majah: 1926)
It is thus clear that this halalah is a forbidden act. Therefore, the opinion of the majority of scholars is that any marriage contracted with the intention of halalah is invalid (fasid).
The solution in Islamic law (shari‘ah) for a woman who has been given three divorces is that she should lose hope in her former husband and, with the intention of establishing a home, marry another man. If, by coincidence, that man also divorces her, then after the waiting period (‘iddah), she may contract a new marriage with her former husband. This very issue is indicated in the statement of Allah the Exalted: {فَاِنْ طَلَّقَھَا فَلاَ تَحِلُّ لَہٗمِنْبَعْدُحَتّٰی تَنْکِحَ زَوْجًا غَیْرَہٗ فَاِنْ طَلَّقَھَا فَلاَ جُنَاحَ عَلَیْھِمَآ اَنْ یَّتَرَاجَعَآ اِنْ ظَنَّآ اَنْ یُّقِیْمَا حُدُوْدَ اللّٰہِ} … “Then if he divorces her (for the third time), she is not lawful for him thereafter until she marries another husband. Then if he (the second husband) divorces her, there is no blame upon the two of them to return to each other, if they think that they can keep within the limits of Allah.” (Surah al-Baqarah: 230)
However, it is necessary that the second husband also fulfills the rights of marriage after the contract.
It is narrated from Sayyiduna Uqbah bin Amir radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam said: “Shall I not inform you about the rented bull?” They said, “Yes, O Messenger of Allah!” He sallallahu alayhi wa sallam said: “He is the muhallil (the one who makes something lawful). Allah has cursed the muhallil and the one for whom it is made lawful.” (Ibn Majah: 1926)
It is thus clear that this halalah is a forbidden act. Therefore, the opinion of the majority of scholars is that any marriage contracted with the intention of halalah is invalid (fasid).
The solution in Islamic law (shari‘ah) for a woman who has been given three divorces is that she should lose hope in her former husband and, with the intention of establishing a home, marry another man. If, by coincidence, that man also divorces her, then after the waiting period (‘iddah), she may contract a new marriage with her former husband. This very issue is indicated in the statement of Allah the Exalted: {فَاِنْ طَلَّقَھَا فَلاَ تَحِلُّ لَہٗمِنْبَعْدُحَتّٰی تَنْکِحَ زَوْجًا غَیْرَہٗ فَاِنْ طَلَّقَھَا فَلاَ جُنَاحَ عَلَیْھِمَآ اَنْ یَّتَرَاجَعَآ اِنْ ظَنَّآ اَنْ یُّقِیْمَا حُدُوْدَ اللّٰہِ} … “Then if he divorces her (for the third time), she is not lawful for him thereafter until she marries another husband. Then if he (the second husband) divorces her, there is no blame upon the two of them to return to each other, if they think that they can keep within the limits of Allah.” (Surah al-Baqarah: 230)
However, it is necessary that the second husband also fulfills the rights of marriage after the contract.
