Section: If he buys a slave and marries her to him, then gifts her to him so that the marriage is annulled by her ownership of him, it is not valid. Ahmad said, in the narration of Hanbal: If he divorces her three times and wishes to take her back, so he buys a slave, emancipates him, and marries her to him, this is what Umar forbade; both are to be disciplined, and this is invalid because he is not an equal (kuf'), and he is akin to the muhallil (the one who marries to make her lawful for another). Ahmad cited two reasons for its invalidity: first, his resemblance to the muhallil, because he only married her to him to make her lawful for himself. Second, the fact that he is not an equal for her. His marriage to her while he is a slave is more emphatic in this meaning, because the slave is more deficient in terms of equality than a free man, and the master has a way to terminate his marriage without his consent by gifting him to the woman, so his marriage is annulled by her ownership of him, whereas the master is otherwise. It is possible that the marriage would be valid if the slave did not intend the tahlil, because what is considered regarding invalidity is the intention of the husband, not the intention of others, and he did not intend it. If he is a free man and did not intend the tahlil, it is even more appropriate that it be valid, because his emancipator has no way to annul his marriage, so his intention is of no consequence.

Section: The marriage of the muhallil is invalid; all other rulings of invalid contracts are established therein, and it does not result in ihsan (chastity/legal marriage status), nor does it make the woman lawful for the first husband, just as it does not for other invalid contracts. If it is said: The Prophet (may Allah bless him and grant him peace) called him a muhallil and called the husband a muhallal lahu, and if the permissibility (hill) did not occur, he would not be a muhallil nor would the other be a muhallal lahu. We say: He only called him a muhallil because he intended the tahlil in a situation where the permissibility does not occur, just as the Prophet (may Allah bless him and grant him peace) said: "He has not believed in the Quran, the one who considers its prohibitions lawful." And Allah the Almighty said: "They make it lawful one year and forbid it another year." If he were truly a muhallil in reality and the other were a muhallal lahu, they would not be cursed.