2077 — Wahab ibn Baqiyyah narrated to us, from Khalid, from Husayn, from 'Amir, from al-Harith al-A'war, from a man among the Companions of the Prophet, peace and blessings be upon him, who said: And we saw that it was 'Ali, from the Prophet, peace and blessings be upon him, with its meaning (1).

16 — Chapter on the marriage of a slave without the permission of his master

2078 — Ahmad ibn Hanbal and 'Uthman ibn Abi Shaybah narrated to us — and this is the wording of its chain — and both of them, from Waki', narrated to us al-Hasan ibn Salih, from 'Abdullah ibn Muhammad ibn 'Aqil, from Jabir who said: The Messenger of Allah, peace and blessings be upon him, said: "Any slave who marries without the permission of his masters, then he is a fornicator" (2).

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= Ibn al-Humam of the Hanafis said: And according to the preferred opinion for fatwa, if a woman divorced three times marries herself to someone who is not her equal (ghayr kuf'), and he has intercourse with her, she does not become lawful for the first husband. They said: This issue should be memorized, for the tahlil (intermediary husband) in most cases is not an equal match.

And al-Qadi said, as al-Qari narrated from him in "al-Mirqat" 3/487: The tahlil (intermediary) is one who marries a woman divorced three times by another, with the intention of divorcing her after intercourse, so that she becomes lawful for the divorcing husband to marry again. It is as though he makes her lawful for the first husband through marriage and intercourse, and the one for whom she is made lawful is the husband. He (the Prophet) cursed them both only because of what is in that of violating manliness (muru'ah), lack of honor, and indication of baseness and lowness of character. As for the one for whom she is made lawful, it is evident. As for the intermediary, it is because he debases himself by having intercourse for the purpose of another, for he only has intercourse with her to present her for intercourse with the one for whom she is made lawful. That is why the Prophet, peace and blessings be upon him, likened him to the borrowed he-goat.

(1) Sahih by virtue of others, like the one preceding it. Khalid: he is Ibn 'Abdullah al-Tahhan. It is in "Musnad Ahmad" (660). And see what precedes it.

(2) Its chain is weak. 'Abdullah ibn Muhammad ibn 'Aqil was alone in narrating it from Jabir, and no one followed him in it, and someone like him is not accepted when alone in narration. Waki': he is Ibn al-Jarrah al-Ru'asi.