to this condition, then this condition is invalid and renders the marriage invalid, because it is a marriage not intended as such. The Prophet ﷺ said: “Actions are only by intentions, and every person shall have only what he intended” (1). Marriage is intended to be lasting and continuous, whereas this marriage is not intended for that purpose. This is why the Prophet ﷺ called it “the borrowed billy goat” (2). It is like a man who borrows a billy goat to keep among his flock for a night, then sends it away. It rightly deserves this name, because by this marriage he seeks neither a lasting union, marital companionship, nor children; he seeks only intercourse by which she will become lawful again for the first husband. Therefore, it is not valid.
Furthermore, the Messenger ﷺ cursed the man who performs the taḥlīl marriage and the man for whom it is performed (3). The former is cursed because—Allah forbid—he has made a mockery of the verses of Allah. Marriage is meant to endure, but he did not intend it to endure. As for the latter, if he knows, then he too is cursed; but if he does not know, he is not cursed. Yet once he comes to know, he may not marry her, because the second marriage is invalid, and the marriage must be valid before she may become lawful
(1) Reported by al-Bukhari in The Beginning of Revelation, chapter: “How Revelation Began to the Messenger of Allah, peace and blessings be upon him” (1); and by Muslim in The Book of Leadership, chapter: “Actions Are Only by Intentions” (1907), on the authority of Umar ibn al-Khattab, may Allah be pleased with him.
(2) Reported by Ibn Majah in The Book of Marriage, chapter: “The Muhallil and the One for Whom It Is Done” (1936), on the authority of Uqbah ibn Amir, may Allah be pleased with him. Al-Hakim authenticated it (2/199), and al-Dhahabi concurred.
(3) Reported by Ahmad (1/83); Abu Dawud in The Book of Marriage, chapter: “Regarding Tahlil Marriage” (2076); al-Tirmidhi in The Book of Marriage, chapter: “What Has Been Reported Concerning the Muhallil and the One for Whom It Is Done” (1119); and Ibn Majah in The Book of Marriage, chapter: “The Muhallil and the One for Whom It Is Done” (1935), on the authority of Ali, may Allah be pleased with him. Al-Tirmidhi graded it weak. It was also reported by Ahmad (1/448) and al-Tirmidhi (1120) on the authority of Ibn Masud, may Allah be pleased with him. Al-Tirmidhi said: “Hasan sahih.” Ibn al-Qattan and Ibn Daqiq al-Eid authenticated it according to al-Bukhari’s criteria, as cited in al-Talkhis (1530). See also al-Irwa (1797).