Is it permissible to marry a woman who has been irrevocably divorced a major, final divorce, with the intention of making her lawful for her first husband?
If a man divorces his wife with the third divorce, she is not lawful for him until she marries another husband. It is stipulated that the second marriage must be valid and not temporary or for the purpose of making her lawful for the first husband (tahleel). Thus, temporary marriage (mut'ah) and tahleel marriage are both invalid according to the majority of scholars, and the woman does not become lawful for her first husband through them. The Prophet, peace and blessings be upon him, cursed the one who makes a woman lawful (muhallil) and the one for whom she is made lawful (muhallal lahu), whether the intention of tahleel was explicitly stated at the time of the contract or the husband merely intended it within himself. Umar ibn al-Khattab considered this marriage to be zina (fornication/adultery), and Imam Ahmad held that whoever intends tahleel is cursed. Therefore, it is not permissible to marry with the intention of making the woman lawful for her first husband, as this is among the gravest sins and is considered zina.
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