Ruling if a Man Marries a Woman Only to Make Her Lawful for Her Former Husband

Hazrat Umar (may Allah be pleased with him) said: If anyone who performs Halalah is brought to me, or the person for whom Halalah is performed is brought to me, I will stone them to death.

Hazrat Ibn Umar (may Allah be pleased with them both) narrates that Allah Almighty has cursed the one who performs Halala, the one for whom Halala is performed, and the woman for whom Halala is done.

Hazrat Ibn Umar (may Allah be pleased with them both) was asked about making a woman lawful for her first husband (through halalah). He replied that this is indecency, and if Hazrat Umar (may Allah be pleased with him) were present, he would have made you an example (of punishment) for this act.

Hazrat Saeed bin Jubair says that the one who performs Halalah is accursed.

Ibrahim (may Allah have mercy on him) and Hasan (may Allah have mercy on him) say that if any one of the three intends divorce, the marriage will become invalid.

17964 - From Yunus, from Al-Hasan, they said: If one of the three intends, the marriage becomes invalid.

Hazrat Sha’bah, may Allah have mercy on him, says that if a man marries a woman with the intention of making her lawful for her former husband, what is the ruling regarding this? Hazrat Hakam said that he should keep her with him. Hazrat Hammad, may Allah have mercy on him, said that in my view, it is better to separate from her.

17966 - And Hammad said: It is more beloved to me that he separates from her.

Hazrat Jabir bin Zaid (may Allah have mercy on him) regarding the person who married a woman so that she may become lawful for her previous husband, even though he was not aware of this matter, states that if the marriage was done solely for making her lawful, then this is not correct.

Hazrat Ibn Sirin (may Allah have mercy on him) says that a curse has been invoked upon both the one who performs Halalah and the one for whom Halalah is performed.

Hazrat Abdullah (may Allah be pleased with him) narrates 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.

Hazrat Ali (may Allah be pleased with him) narrates 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.

Hazrat Amr bin Dinar (may Allah have mercy on him) was asked: If a man divorces his wife, then a man from the village comes who knows neither the man nor the woman, and he takes out some of his wealth and marries the woman on the basis that he will make her lawful for the first man, then how is this act? He replied: This is not permissible. The same question was asked to the Prophet (peace be upon him), and he said: This is not permissible. He should not marry her except out of desire for her own self, he should not marry her except out of desire for her own self. If he does so, then the woman is not lawful for the first husband until the (second) man tastes her honey.

Hazrat Abad bin Mansoor (may Allah have mercy on him) narrates that a man came to Hasan (may Allah have mercy on him) and said: "A man from my tribe has given his wife three divorces, then he and his wife regretted it. I wish to marry this woman, give her dowry, then have lawful relations with her, and then divorce her so that she becomes lawful for her first husband. What is the ruling on doing this?" Hasan (may Allah have mercy on him) said to him: "O young man! Fear Allah and do not transgress the limits set by Allah Almighty."

It is narrated from Hazrat Abu Hurairah (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) cursed the one who performs Halalah and the one for whom it is performed.