And because it is a marriage for a limited period, or it contains a condition that prevents its continuation, thus it resembles the marriage of mut'a (temporary marriage).

Section: If he stipulates the tahlil (making her lawful for her previous husband) to her before the contract, and he does not mention it in the contract [but he intended it during the contract], or he intended the tahlil without a condition, the marriage is also void. Isma'il ibn Sa'id said: I asked Ahmad about a man who marries a woman and in his mind he intends to make her lawful for her first husband, and the woman does not know about that. He said: He is a muhallil (intervening husband); if he intends by that the making of her lawful, he is cursed. This is the apparent view of the Companions, may Allah be pleased with them. Nafi' narrated from Ibn Umar that a man said to him: "A woman I have married, I will make her lawful for her husband, he did not command me, and he did not know." He said: "No, it must be a marriage of desire; if she pleases you, keep her, and if you dislike her, separate from her." He said: "And we used to consider it in the time of the Messenger of Allah (may Allah bless him and grant him peace) as fornication." And he said: "They remain two adulterers, even if they stay together for twenty years, if it is known that he intends to make her lawful." This is the view of Uthman [ibn Affan], may Allah be pleased with him. A man came to Ibn Abbas and said to him: "My uncle divorced his wife three times, can a man make her lawful for him?" He said: "Whoever seeks to deceive Allah, He will deceive him." This is the view of al-Hasan, al-Nakha'i, al-Sha'bi, Qatadah, Bakr al-Muzani, al-Layth, Malik, al-Thawri, and Ishaq. Abu Hanifah and al-Shafi'i said: The contract is valid. The Qadi mentioned in regard to its validity a viewpoint similar to theirs, because it is free from a condition that would invalidate it, so it resembles the case where he intends to divorce her for other than making her lawful [or that which] he does if the woman intends that. And because the contract only becomes void by what is stipulated, not by what is intended, as evidenced by the fact that if he buys a slave on the condition that he sells him, it is not valid, but if he only intended it, it does not become void. And because it has been narrated from Umar, may Allah be pleased with him, what indicates his permitting it.