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سنن دارمي
Darimi
من كتاب النكاحFrom the Book of Marriage
۔باب فی النھی عن التحلیلChapter: Prohibition of Tahlil Marriage
Hadith 2295
اُردوEn
أَخْبَرَنَا أَبُو نُعَيْمٍ، حَدَّثَنَا سُفْيَانُ، عَنْ أَبِي قَيْسٍ، عَنْ الْهُزَيْلِ، عَنْ عَبْدِ اللَّهِ، قَالَ: "لَعَنَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ الْمُحِلَّ وَالْمُحَلَّلَ لَهُ".
Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) said: The Messenger of Allah (peace and blessings be upon him) cursed the one who performs Halalah and the one for whom it is performed.
Brief Explanation
(Commentary on Hadith 2294)
«مُحِلْ» and «مُحَلِّلْ» refer to the person who marries and has intercourse with a woman who has been divorced three times, with the intention of making her lawful (halal) for her first husband. «مُحَلِّلْ لَهُ» refers to the first husband who gave three divorces. "La'nat" (curse) means being distanced from the mercy of Allah and being accursed. When this curse is from Allah and His Messenger, the accursed person is rejected from the court of Allah, and la'nat is only for major sins (kabirah).
In this hadith, both the woman who marries for the purpose of becoming lawful for the first husband, and the one for whom this halalah is done, are cursed. This act is extremely vile, shameful, filthy, and disgraceful.
It is as if the woman is a rented goat: whenever desired, she is given three divorces and handed over to another man so that he may commit unlawful intercourse with her, and then she returns to the first husband. This is open fornication and adultery, and a gross misuse of «حتى تنكح زوجا غيره».
The correct ruling in this matter is that if a man has given three divorces, one after another, and after the waiting period (‘iddah), the divorced woman marries another man without any precondition of divorce, and then that man, of his own will, divorces her, then she may marry her first husband. To marry with the condition of divorce, to enjoy for a few days, and then to divorce—this is a shameful act. There is a curse upon both the one who does this and the one who arranges it. In the terminology of hadith, such a mufti and doer is called «التيس المستعار», meaning a rented bull.
Some ignorant people consider the unproven statement about the non-raising of hands by Sayyiduna Ibn Mas‘ud radi Allahu anhu as a strong proof, but here, in the matter of halalah, they set aside this hadith of Sayyiduna Ibn Mas‘ud radi Allahu anhu and indulge themselves.
May Allah guide them.
Ameen.
«مُحِلْ» and «مُحَلِّلْ» refer to the person who marries and has intercourse with a woman who has been divorced three times, with the intention of making her lawful (halal) for her first husband. «مُحَلِّلْ لَهُ» refers to the first husband who gave three divorces. "La'nat" (curse) means being distanced from the mercy of Allah and being accursed. When this curse is from Allah and His Messenger, the accursed person is rejected from the court of Allah, and la'nat is only for major sins (kabirah).
In this hadith, both the woman who marries for the purpose of becoming lawful for the first husband, and the one for whom this halalah is done, are cursed. This act is extremely vile, shameful, filthy, and disgraceful.
It is as if the woman is a rented goat: whenever desired, she is given three divorces and handed over to another man so that he may commit unlawful intercourse with her, and then she returns to the first husband. This is open fornication and adultery, and a gross misuse of «حتى تنكح زوجا غيره».
The correct ruling in this matter is that if a man has given three divorces, one after another, and after the waiting period (‘iddah), the divorced woman marries another man without any precondition of divorce, and then that man, of his own will, divorces her, then she may marry her first husband. To marry with the condition of divorce, to enjoy for a few days, and then to divorce—this is a shameful act. There is a curse upon both the one who does this and the one who arranges it. In the terminology of hadith, such a mufti and doer is called «التيس المستعار», meaning a rented bull.
Some ignorant people consider the unproven statement about the non-raising of hands by Sayyiduna Ibn Mas‘ud radi Allahu anhu as a strong proof, but here, in the matter of halalah, they set aside this hadith of Sayyiduna Ibn Mas‘ud radi Allahu anhu and indulge themselves.
May Allah guide them.
Ameen.
