Halala Concept

Halala(Tehlil) Concept and its reality from Quran and Authentic Hadith and  in the Light of Sharia and Ijmah ==

Ahle hadis Wahabi Salafi Tawheedi and Shia Rafdhi says its Haram and Lannah upon the Concept of halala tehlil InsahAllah in this post we refute them and crush them and produce Authentic Proofs from Quran and Sahiha and Ijmah.....

Quran Regarding Halala =
in Arabic

فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِن بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُ ۗ فَإِن طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَا أَن يَتَرَاجَعَا إِن ظَنَّا أَن يُقِيمَا حُدُودَ اللَّهِ ۗ وَتِلْكَ حُدُودُ اللَّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ

in Urdu
پھر اگر اس کو (تیسری بار) طلاق دے دے تو اب اس کے لئے حلال نہیں جب تک وه عورت اس کے سوا دوسرے سے نکاح نہ کرے، پھر اگر وه بھی طلاق دے دے تو ان دونوں کو میل جول کرلینے میں کوئی گناه نہیں بشرطیکہ یہ جان لیں کہ اللہ کی حدوں کو قائم رکھ سکیں گے، یہ اللہ تعالیٰ کی حدود ہیں جنہیں وه جاننے والوں کے لئے بیان فرما رہا ہے۔

in English
Sahih International
And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other if they think that they can keep [within] the limits of Allah . These are the limits of Allah , which He makes clear to a people who know. (2:230)

Now Hadith :

Hadith 1
Important Hadith to Note on HALALA Tahlil :

Narrated Ali ibn AbuTalib:
(The narrator Isma'il said: I think ash-Sha'bi attributed this tradition to the Prophet)
The Prophet (ﷺ) said: Curse be upon the one who marries a divorced woman with the intention of making her lawful for her former husband and upon the one for whom she is made lawful.

حَدَّثَنَا أَحْمَدُ بْنُ يُونُسَ، حَدَّثَنَا زُهَيْرٌ، حَدَّثَنِي إِسْمَاعِيلُ، عَنْ عَامِرٍ، عَنِ الْحَارِثِ، عَنْ عَلِيٍّ، رضى الله عنه - قَالَ إِسْمَاعِيلُ وَأُرَاهُ قَدْ رَفَعَهُ إِلَى النَّبِيِّ صلى الله عليه وسلم - أَنَّ النَّبِيَّ صلى الله عليه وسلم قَالَ  " لَعَنَ اللَّهُ الْمُحَلِّلَ وَالْمُحَلَّلَ لَهُ " .
Grade : Sahih (Al-Albani)   صحيح   (الألباني) حكم     :
Reference  : Sunan Abi Dawud 2076
In-book reference  : Book 12, Hadith 31
English translation  : Book 11, Hadith 2071

Comment : in above Hadith the word INTENTION (Niyyat) comes that means Fixed Halala is Haram e.g if a man divorce thrice his wife then on the very next day he choose a man to marry his wife and spend one night with her and then after divorce her and she again become lawful for first husband that is Haram and InsahAllah it will discuss by providing 4 Imam School of Thoughts Qawl Athar what do they say regarding this....

Hadith 2
It was narrated from Ibn 'Awn, from Ash-Sha'bi, from Al-Harith, who said:
"The Messenger of Allah [SAW] cursed the one who consumes Riba, the one who pays it, the one who writes it down and the one who witnesses it; the woman who does tattoos and the woman who has that done"- he said: "Unless it is done as a remedy;" he said: "Yes"- "the man who married a woman in order to divorce her so that she may go back to her first husband and the man (the first husband) for whom that is done; and the one who withholds Sadaqah (Zakah). And he used to forbid wailing (in mourning), but he did not say 'cursed'"

Grade : Hasan (Darussalam)
Reference  : Sunan an-Nasa'i 5104
In-book reference  : Book 48, Hadith 65
English translation  : Vol. 6, Book 48, Hadith 510

Note : again read above Hadith Curse on whom ("the man who married a woman in order to divorce her so that she may go back to her first husband and the man (the first husband) for whom that is done;) its clear that a FIXED Muhalil e.g office or markaz in which Muhalil purchase or buy for doing Halala that is Cursed..

Hadith 3
'Uqbah bin 'Amir narrated:
that the Messenger of said: 'Shall I not tell you of a borrowed billy goat.” They said: “Yes, O Messenger of!” He said: “He is Muhallil. May curse the Muhallil and the Muhallal lahu.”

Grade : Hasan (Darussalam)
English reference  : Vol. 3, Book 9, Hadith 1936
Arabic reference  : Book 9, Hadith 2011

Note: Borrowed (take and use (something belonging to someone else) with the intention of returning it.) hope its clear

Hadith 4
Abdullah (b. 'Umar) reported that he divorced a wife of his with the pronouncement of one divorce during the period of menstruation. Allah's Messenger (ﷺ) commanded him to take her back and keep her until she was purified, and then she entered the period of menses in his (house) for the second time. And he should wait until she was purified of her menses. And then if he would decide to divorce her, he should do so when she was purified before having a sexual intercourse with her; for that was the 'Idda which Allah had commanded for the divorce of women. Ibn Rumh in his narration made this addition:
When 'Abdullah was asked about it, he said to one of them: If you have divorced your wife with one pronouncement or two (then you can take her back), for Allah's Messenger (ﷺ) commanded me to do it; but if you have divorced her with three pronouncements, then she is forbidden for you until she married another husband, and you disobeyed Allah in regard to the divorce of your wife what He had commanded you. (Muslim said: The word" one divorce" used by Laith is good.)

Reference  : Sahih Muslim 1471 b
In-book reference  : Book 18, Hadith 2
USC-MSA web (English) reference  : Book 9, Hadith 3474

Hadith 5
Ibn 'Umar (Allah be pleased with them) reported that he divorced his wife during the period of menses. 'Umar (Allah be, pleas'ed with him) asked Allah's Apostle (ﷺ), and he commanded him ('Abdullah b. 'Umar) to have her back and then allow her respite until she enters the period of the second menses, and then allow her respite until she is purified, then divorce her (finally) before touching her (having a sexual intercourse with her), for that is the prescribed period which Allah commanded (to be kept in view) for divorcing the women. When Ibn 'Umar (Allah be pleased with them) was asked about the person who divorces his wife in the state of menses, he said:
If you pronounced one divorce or two, Allah's Messenger (ﷺ) had commanded him to take her back, and then allow her respite until she enters the period of the second menses, and then allow her respite until she is purified, and then divorce her (finally) before touching her (having a sexual intercourse with her) ; and if you have pronounced (three divorces at one and the same time) you have in fact disobeyed your Lord with regard to what He commanded you about divorcing your wife. But she is however (finally separated from you).

Reference  : Sahih Muslim 1471 e
In-book reference  : Book 18, Hadith 5
USC-MSA web (English) reference  : Book 9, Hadith 3477

Hadith 6
Yahya related to me from Malik that he heard Rabia ibn Abd ar- Rahman say that a slave could marry four women.
Malik said, "This is the best of what I have heard about the matter."
Malik said, "The slave differs with the muhallil if the slave is given permission by his master for his ex-wife. If his master does not give him permission, he separates them. The muhallil is separated in any case if he intends to make the woman halal by marriage."
Malik said, "When a slave is owned by his wife or a husband owns his wife, the possession of each of them is rendered void without divorce. If a man, for instance, is married to a slave-girl, and then he buys her, he must divorce her as a matter of course. They can then re- marry. If they re-marry afterwards, that separation was not divorce."
Malik said, "When a slave is freed by his wife who owns him and she is in the idda-period from him, they can only return to each other after she has made another marriage."

 Muwatta Malik » Marriage - كتاب النكاح
USC-MSA web (English) reference  : Book 28, Hadith 43
Arabic reference  : Book 28, Hadith 1138

Hadith 7
Yahya related to me from Malik that he had heard that when asked whether it was permissible for a man to return to his wife if he had divorced her irrevocably and then another man had married her after him and died before consummating the marriage, al-Qasim ibn Muhammad said, "It is not halal for the first husband to return to her."
Malik said, about the muhallil, that he could not remain in the marriage until he undertook a new marriage. If he had intercourse with her in that marriage, she had her dowry.

 Muwatta Malik » Marriage - كتاب النكاح
USC-MSA web (English) reference  : Book 28, Hadith 19
Arabic reference  : Book 28, Hadith 1113

Hadith 8
Yahya related to me from Malik from Yahya ibn Said that Bukayr ibn Abdullah al-Ashajj informed him that Muawiya ibn Abi Ayyash al- Ansari told him that he was sitting with Abdullah ibn az-Zubayr and Asim ibn Umar ibn al-Khattab when Muhammad ibn Iyas ibn al-Bukayr came up to them and said, "A man from the desert has divorced his wife three times before consummating the marriage, what do you think?" Abdullah ibn az-Zubayr said "This is something about which we have no statement. Go to Abdullah ibn Abbas and Abu Hurayra. I left them with A'isha. Ask them and then come and tell us." He went and asked them. Ibn Abbas said to Abu Hurayra, "Give an opinion, Abu Hurayra! A difficult one has come to you." Abu Hurayra said, "One pronouncement separates her and three makes her haram until she has married another husband." Ibn Abbas said the like of that.
Malik said, "That is what is done among us, and when a man marries a woman who has been married before, and he has not had intercourse with her, she is treated as a virgin - one pronouncement separates her and three make her haram until she has married another husband."

Muwatta Malik » Divorce - كتاب الطلاق
USC-MSA web (English) reference  : Book 29, Hadith 38
Arabic reference  : Book 29, Hadith 1197

Hadith 9
It was narrated from 'Aishah that a man divorced his wife three times and she married another husband who divorced her, before having intercourse with her. The Messenger of Allah was asked:
"Is she permissible for the first (husband to remarry her)?" He said: "No, not until he tastes her sweetness as the first tasted her sweetness."

Grade : Sahih (Darussalam)
Reference  : Sunan an-Nasa'i 3412
In-book reference  : Book 27, Hadith 24
English translation  : Vol. 4, Book 27, Hadith 3441

Now Ijmah of Scholars of Fiqh

For Urdu Readers Must Read this its full explained from the View of Ahlul Rai Imameen with full proof

http://sunniforum.net/showthread.php?t=10756

Question was Asked to Ulema Regarding Halala(Tehlil)

Moulana Qamruz Zaman Azmi Sahab Replied here

http://www.muftisays.com/qa/question/2668/halala.html

Mufti Syed Ziauddin Naqshbandi Qadri Sahab Replied here
regarding if anyone divorce his wife then is there any way to return back that wife to his first husband ?

http://ziaislamic.com/English/Interfaces/fatawa_english/index.php?qid=931&catid=97

Aamir Khan  Knowledgeable Shaykh said

Halalah lafz Quran main aur hadith main use hoya hai
Masla intentional halala par hai
Lekin agar koi kar lay tou kya bewi halal ho jai gi kay nahi
Intentional halala badtareen gunah hai aur karnay walay par lanat hoti hai lekin is ka yeh matlab nahi nikah jaiz nahi
For example zaani mard or aurat sakht gunahgaar hain lekin is ka yeh matlab nahi un ki shadi haram jo jai gi

Dua: May Allah forgive me and us we are in error if any mistake i do then for the Shake of Muhammad sal lal la hu alehi wasalam and Ahlul Bayt may Allah forgive me Ameen Summa Ameen