Stipulating Talaq in Halala

Question

Question: In our area a sort of custom has arisen: a man gives his wife a major (mughallaza) divorce; then, after the ‘idda has passed, they marry the woman to a person with whom they settle beforehand: “Contract the nikah today and pronounce talaq early tomorrow morning”; and, giving him some sum of money, they get him to agree also to this: “Do contract the nikah, but do not have intercourse.

Answer

Contracting a nikah, after three talaqs, with another person on the condition that he pronounce talaq after one night, and promising him some money for it, is makruh tahrimi (close to haram); and in the noble hadith there is also a curse upon this act.

Source: Fatawa Mahmudiyya

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