The Ruling on Nikah At-Tahlil

Question :

What is the view of the Islamic Law regarding Zawaj At- Tahlil?

Answer:

First of all, it is necessary to explain what is Zawaj At- Tahlil: Zawaj At-Tahlil is when a man approaches a woman whose husband has divorced her three times. That is, he has divorced her, then taken her back, then divorced her, then taken her back, then divorced her a third time. This woman is not permissible for the husband who divorced her three times, unless she marries another husband of her choice, and he has sexual intercourse with her, then he is parted from her, either by death, divorce or annulment. In which case, she is permissible to her first husband, according to the Words of Allah, Most High:
"The divorce is twice, after that either you retain her on you reasonable terms or release her with kindness."

And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allah.

So a man approaches a woman whose husband has divorced her three times and he marries her with the intention that when he makes her permissible for her first husband that is, when he has had sexual intercourse with her he will divorce her. Then she will complete her waiting period from him, and then return to her first husband.

This marriage is an invalid marriage, because the Prophet cursed the one who makes her permissible and the one for whom he makes her permissible, and he called the one who makes her permissible "a borrowed billy-goat" because he is like the billy-goat who is borrowed by the goats owner for a fixed period of time, then it is returned to its owner. This man is like the billy-goat: He is requested to marry this woman, then to divorce her.

This is Zawaj At-Tahlil and it takes place in two forms:

1. The first form: That this condition is made at the time of making the contract; so it is said to the groom: "We will marry you to our daughter on condition that you have sexual intercourse with her, then divorce her."

2. The second form: That it takes place without condition, but with the intention; and the intention might be from the husband, or it might be from the wife or her guardians. If it is from the husband, then the divorce is in the hands of the husband, so the wife is not permissible to him in this contract, because he did not intend what is required of marriage, which is to remain with the wife with love and affection. And seeking chastity and children and such like are among the benefits of marriage, so his intention is opposed to the requirement. As for the intention of the woman or her guardians, this is an area of disagreement among the scholars, and it is not clear to me until now which of the two opinions is correct.

In short, Nikah At-Tahlil is forbidden, and it is a marriage which does not make the wife permissible to the first husband, because it is not valid.