The jurists are unanimously agreed that when facilitation (taḥlīl) is made an explicit condition in the marriage contract, the contract is null and void.
In the Commentary on al-Iqnaʿ it is stated: “The facilitator’s marriage is when a man weds her on the condition that, once he has rendered her lawful for the first husband, he will divorce her; or when the facilitator intends exactly that and does not retract his intention at the moment of contracting. Such a marriage is forbidden and invalid.”
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Because the facilitator’s marriage is invalid, it does not make the woman lawful for her first husband.
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Al-Muwaffaq (Ibn Qudāmah) said: “If, before the contract, it was stipulated that he should facilitate her return to the husband who divorced her thrice, yet at the time of contracting he intended something else—that his marriage was one of genuine desire—then the marriage is valid.”
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Shaykh al-Islām (Ibn Taymiyyah) said: “The facilitation upon which the parties collude with the husband—whether by explicit wording or by customary understanding—that the man will divorce the woman, or intends to do so, has been cursed by the Messenger of Allah ﷺ in several ḥadiths. By such a contract she does not become lawful for her first husband, and the facilitator is not permitted to retain her; rather, he must separate from her. This is the unanimous position of the Companions, the Successors, and all the leading jurists: whenever facilitation is stipulated in the contract, the contract is void, whether the stipulation is voiced or merely implied.”
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Ibn al-Qayyim wrote in Iʿlām al-Muwaqqiʿīn: “The facilitator’s marriage has never been permitted in any revealed law; no Companion ever practiced it, nor did any of them issue a legal opinion allowing it.”
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Shaykh Ṣiddīq Ḥasan said: “The ḥadith cursing the facilitator is transmitted through multiple chains from a number of Companions, some of which are authentic and some sound. A curse is invoked only for a sin counted among the gravest of sins.”