If the condition for *tahlil* was stipulated before the contract, but the husband intends a genuine marriage (*nikah raghba*) contradicting the prior stipulation, what is the ruling?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
The contract is valid if the husband's intention during the contract is a genuine desire for marriage, as it is then devoid of the intention and stipulation for *tahlil*. The intention of the wife or her guardian, if only they intend *tahlil* without the husband's concurrence, does not affect the validity of the contract for the husband.
Supporting text
Al-Hasan and Ibrahim held that if any of the three parties (husband, wife, or first husband) intends *tahlil*, the marriage is void. Ahmad considered the wife's intention irrelevant because the Prophet's curse was specifically upon the *Muhallil* and the one for whom he does the *tahlil*, which occurs if the first husband remarries her based on the *tahlil*, making the second husband an adulterer upon her return to the first husband.