What is the ruling on a marriage where the husband intends to make the wife lawful for her first husband upon dissolution, either through an unstated intention during the contract or without any explicit condition or knowledge from the wife?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If the husband intends this dissolution and it is inherent in his purpose, the marriage is void and he is cursed. This aligns with the apparent view of many Companions, including Ibn Umar, who stated that a marriage is only valid if contracted out of genuine desire (*nikah raghba*); otherwise, it is considered fornication (*sifah*). The view is that if the husband intends the dissolution, the marriage is void.
Supporting text
Abu Hanifa and Al-Shafi'i hold that the contract is valid because it is devoid of an explicit condition that would void it, thus resembling a case where the husband intends divorce for a reason other than the *tahlil* (legalizing for the first husband), or if the wife harbors that intent. They argue the contract is voided by stipulated conditions, not mere intention.