What is the legal status of a *Nikah al-Muhallil* (a marriage contracted solely to make a previously divorced wife lawful for her first husband)?

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 6 · Bab 3

Open in Qurani

Primary text

The marriage of the *Muhallil* is void and forbidden according to the consensus of early scholars, including Al-Hasan, Al-Nakh'i, Malik, and Al-Shafi'i. This is based on the Prophet's curse upon the *Muhallil* and the one for whom the *Muhallil* contracts the marriage. This ruling applies whether the contract explicitly states the purpose is to permit remarriage, or if it is stipulated that upon the dissolution of the second marriage, no relationship remains between them, or if he agrees to divorce her after consummation.

Supporting text

Abu Hanifa and one opinion of Al-Shafi'i hold that the marriage contract is valid, but the condition is void. Al-Shafi'i had two differing opinions regarding the specific conditions mentioned.