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How can a conditional divorce be cancelled? If I give my wife a conditional divorce for example I tell her if she goes to her friends house she will be divorced…

Answered as per Hanafi Fiqh by Askimam.org

If I give my wife a conditional divorce for example I tell her if she goes to her friends house she will be divorced. Can I then cancel that condition by saying she is allowed to go to her friends house and I will not give a divorce?

Answer

A conditional Talaaq cannot be cancelled. The Talaaq will be effective as soon as the condition is found (e.g. visiting a friend’s house). (Raddul Muhtaar, Vol.2, Page 528)

If the condition is made upon three Talaaqs which are irrevocable, then the following scheme can be adopted to prevent three Talaaqs from being effected. He should give her one Talaaq and after the passing of the ?Iddat (three menstrual cycles) she should carry out the condition, thereafter the husband should remarry her. In this way three Talaaqs will not fall if she visits her friend’s house after him remarrying her. (Raddul Muhtaar, Vol.2, Page 545, Fataawaa Darul Uloom (Azizul Fataawaa), Vol. 1, Page 506, Ahsanul Fataawaa, Vol. 5, Page 157)

On the contrary if the condition is made on one or two Talaaqs, then there is no need to adopt this scheme because he still too has the right to remarry her which he will do in the case of adopting the above scheme too.

and Allah Ta’ala Knows Best

Mufti Muhammad Ashraf
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