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Text and translation
English translation
1120. 'Abdullāh bin Mas'ūd narrated: "The Messenger of Allāh ﷺ cursed the Muhill and the one the Muhallal was done for." (Ḍa'if)
(Abū 'Eisā said:) This Hadīth is Hasan Ṣaḥīḥ. Abū Qais Al-Awdī's name is 'Abdur-Raḥmān bin Tharwān, and this Hadīth has been reported from the Prophet ﷺ through other routes.
This (Hadīth) is acted upon according to the scholars among the Companions of the Prophet ﷺ, among them are 'Umar bin Al-Khaṭṭāb, 'Uthmān bin 'Affān, 'Abdullāh bin 'Amr, and others. This is the view of the Fuqahā' among the Tābi'īn and it is the view of Sufyān Ath-Thawrī, Ibn Al-Mubārak, Ash-Shāfi'ī, Aḥmad, and Ishāq.
(He said:) I heard Al-Jārūd (bin Mu'ādḥ) mentioning that Waki' held this view, and he said: "The view of the people of opinion on this topic must be cast aside."[1] (Al-Jārūd said:) "Waki' said: 'Sufyān said: "When (a man) marries a woman to make her lawful (for the previous husband) then it occurs to him to keep her, then it is not lawful for him to keep her until he has a new marriage with her."
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Footnotes
1
[1] That is, the view that the marriage is valid even if the man intended to divorce the woman to make her lawful to the previous husband.
Commentary
Marrying a second husband for the sake of getting married again to the first husband, is not lawful according to this narration. No Muslim is allowed to go against the divine law. The Prophet ﷺ said he who acts against the law, then he is reprobated.
