Marrying for Tahleel then changing intention
Fatwa No: 329044

Question

Assalaamu alaykum. I married a man just to make Tahleel (marriage in which a man marries a woman after she was divorced three times by her husband simply in order to make it lawful for her husband to marry her again) because I was divorced three times by my first husband, so I married the second in order to become licit for the first. So we made this marriage and then divorced, but when I got divorced from this second man, I realised that I wanted to return to the second one. So I want to know whether it is permissible to make a new marriage with a man whith whom I decided to make Tahleel but after the divorce. We want to return to each other. Is it haram or is he considered a Muhallil (one who agrees to a Tahleel marriage) if he return to me even if we change our intention? Does this intention still remain when we make a new marriage after this marriage of Tahleel, and can we have a chance to renew our intention after repenting? As for the first husband for whom I wanted to make this Tahleel in order to return to him, is he considered as a Muhallil Lahu (one for whom the Tahleel was done) his whole life; if one day he wishes to marry me, even if he repents, and even if I marry the second one again after having repented and with this second man having repented as well? I hope you understand my question. May Allaah reward you. If you cannot answer me, then please tell whom I can contact and send this question to, Allaah willing.

Answer

All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

We have already clarified that the Tahleel marriage is void in fatwa 134069; so please refer to it.

There is no doubt that you must repent from such a behavior. The conditions of repentance have been clarified in fatwa 86527.

However, this marriage does not make you forbidden for this second husband; meaning that if he wishes to marry you without the intention of Tahleel, then this is permissible. If the marriage is conducted fulfilling the conditions of a valid marriage, then it is a valid marriage, and that previous intention of making you lawful for your first husband does not affect the validity of the new marriage to him. For more benefit, please refer to fatwa 83629.

If he separates from you after consummating the marriage with you, and your waiting period ends, then you become lawful to your first husband, and the previous intention of Tahleel does not harm. It is a very simple matter.

Allaah says (what means): {And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other if they think that they can keep [within] the limits of Allaah. These are the limits of Allaah, which He makes clear to a people who know.} [Quran 2:230]

Allaah knows best.

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